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‘Fortnite’ Will Return to U.S. iOS App Store After Court Finds Apple Willfully Violated Court Order in Epic Games Suit
Epic Games‘ juggernaut title “Fortnite” is heading back to the iOS App Store in the United States. According to court documents obtained and reviewed by Variety, a District Court in California found that Apple willfully violated the court order in the Epic Games v. Apple suit. “For the reasons set forth herein, the Court finds Apple in willful violation of this Court’s 2021 Injunction which issued to restrain and prohibit Apple’s anticompetitive conduct and anticompetitive pricing. Apple’s continued attempts to interfere with competition will not be tolerated,” Judge Yvonne Gonzalez Rogers said in the documents. Related Stories Epic’s lawsuit against Apple argued that the tech company acts as a monopoly, taking a 30% cut on all in-app purchases while banning outside payment methods. Popular on Variety “This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order,” the court documents continue. “Time is of the essence. The Court will not tolerate further delays. As previously ordered, Apple will not impede competition. The Court enjoins Apple from implementing its new anticompetitive acts to avoid compliance with the Injunction. Effective immediately Apple will no longer impede developers’ ability to communicate with users nor will they levy or impose a new commission on off-app purchases.” Rogers’ filing also said that Apple’s VP of Finance, Alex Roman, “outright lied” to the court under oath: “In stark contrast to Apple’s initial in-court testimony, contemporaneous business documents reveal that Apple knew exactly what it was doing and at every turn chose the most anticompetitive option.” An Apple spokesperson shared the following statement with Variety on Wednesday evening: “We strongly disagree with the decision. We will comply with the court’s order and we will appeal.” In August 2020, Apple officially booted “Fortnite” and other Epic Games titles off the App Store, suspending the games company’s developer account after Epic filed an antitrust lawsuit against the tech giant. Epic Games founder and CEO Tim Sweeney responded to the court’s findings in a series of posts on X. “NO FEES on web transactions. Game over for the Apple Tax. Apple’s 15-30% junk fees are now just as dead here in the United States of America as they are in Europe under the Digital Markets Act. Unlawful here, unlawful there,” he wrote. In another post, Sweeney wrote, “We will return ‘Fortnite’ to the US iOS App Store next week,” but added that there’s still work to be done on an international scale. “Epic puts forth a peace proposal: If Apple extends the court’s friction-free, Apple-tax-free framework worldwide, we’ll return ‘Fortnite’ to the App Store worldwide and drop current and future litigation on the topic.” In a call with the press on Wednesday evening, Sweeney elaborated on the court’s decision, adding, “It’s a huge victory for developers. This means all developers can offer both Apple’s payment service side by side with their own payment service. Apple cannot charge fees on the developers’ own payment services, and developers are free to pass along savings to customers by through differentiated pricing.” “What this does is it forces Apple to compete with other payment services, rather than blocking them,” Sweeney continued. “This is what we wanted all along. We’ve always acknowledged Apple’s right to operate their own store; their right to operate their own payment service. We’ve just always wanted a level playing field in which developers can compete with Apple to offer their own products, and then consumers are free to choose the best, and let the best product win.” Sweeney also addressed “Fortnite’s” cheeky in-game “Tart Tycoon” outfit, introduced in 2020 and depicting a menacing businessman with an apple-shaped head. “The Tart Tycoon outfit in Fortnite was a symbol of Apple blocking ‘Fortnite.’ We offered it to players for free in the #FreeFortnite cup. But little did the world know, we had, at that time, designed two different ‘Fortnite’ outfits. There is another outfit we designed in the event that Epic and Apple reached reconciliation and had an agreement. That is a different outfit on the theme that I think iOS players would love. If we are able to reach resolution with Apple, then it might be possible for our players to have the ability to earn the Pie Patron outfit.”
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