Epic Games Seeks Court Order to Force Apple to Approve Fortnite Return

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(Photo by Arda Kucukkaya/Anadolu Agency via Getty Images)

The bitter legal feud between Epic Games and Apple has entered a new phase, with the Fortnite developer asking U.S. District Judge Yvonne Gonzalez Rogers to intervene and force Apple to approve its game for the App Store. This comes just weeks after the judge found Apple in “willful violation” of a 2021 injunction prohibiting anti-competitive payment restrictions.

In a dramatic court filing, Epic demanded Apple be required to “accept any compliant version of Fortnite onto the U.S. storefront of the App Store.” The move follows Apple’s refusal to process Fortnite’s submission while it appeals the recent ruling, creating a global standoff that has left iOS players without access to the popular game.

The conflict reached a new peak when Epic revealed Apple is blocking Fortnite not just from the U.S. App Store but also preventing its release on the Epic Games Store in Europe under the EU’s new Digital Markets Act. “Now, sadly, Fortnite on iOS will be offline worldwide until Apple unblocks it,” Epic stated. Apple countered that it only asked Epic to remove the U.S. storefront from its submission to avoid affecting other regions.

At the heart of the dispute is Apple’s insistence on waiting for the Ninth Circuit Court of Appeals to rule on its request for a stay of the injunction before allowing Fortnite’s return. In a letter from Apple’s attorney Mark Perry obtained by Epic, the company stated it would “not take action on the Fortnite app submission” until the appeals court decides.

Epic’s legal team argues Apple is deliberately punishing them for challenging App Store policies, writing that the tech giant is “denying Epic the ability to take advantage of the pro-competitive rules it helped usher in” while sending “a clear message to other developers not to challenge Apple’s practices.” The filing characterizes Apple’s actions as retaliation for Epic’s antitrust victory.

This latest skirmish extends a battle that began in 2020 when Epic intentionally violated App Store rules to prompt legal action. While Epic won a significant ruling last month confirming Apple violated California’s unfair competition law, the company has yet to achieve its broader goal of forcing open Apple’s ecosystem. With Apple digging in its heels during the appeals process and Epic pushing for immediate enforcement, the conflict shows no signs of resolution.

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