Epic Games scored a victory with Fortnite’s return to Apple’s iOS App Store, but the video game publisher’s legal battles with Apple and SAG-AFTRA loom large.
After nearly five years of exile, Fortnite made its grand return to the U.S. iOS App Store on Tuesday, and in less than a day, it has already taken over the No. 1 spot in the free games category across iPhones and iPads. But — like any ongoing saga between Apple and Fortnite publisher Epic Games — this isn’t as straightforward as it seems.
Let’s break it down.
The Long Road Back to the App Store
Apple and Epic have been in a legal battle since 2020 after Epic tried to bypass Apple’s hefty 30% commission on in-app purchases by adding its own payment system into Fortnite. Apple swiftly removed the game from the App Store for this breach, and what followed was a prolonged legal drama.
In 2021, Epic Games scored a partial victory in its legal battle with Apple. The judge ruled that Apple violated antitrust laws by preventing developers from directing users to external payment systems. This decision was critical because it forced Apple to allow developers to include links or buttons in their apps that could direct users to alternate payment methods outside the App Store, bypassing Apple’s 30% fee.
However, Epic didn’t win on all fronts. The court ruled that Apple wasn’t a monopoly and didn’t have to allow third-party app stores or sideloading on iOS. Epic was also ordered to pay Apple damages for violating its App Store rules by implementing its own payment system in Fortnite.
Apple was largely successful in 2023 after appealing the 2021 ruling, as I previously reported. The appeals court found that Apple did not have to allow alternative app stores or sideloading on iOS, which was one of the key aspects of Epic’s case. The decision solidified Apple’s control over iOS distribution, meaning that Apple is not required to open up its ecosystem further, keeping the App Store as the sole official marketplace for iOS apps.
In short, Epic’s 2021 win was more about payment flexibility within apps, while Apple’s 2023 victory was a significant win in terms of maintaining its control over iOS as a platform, preventing the opening of alternative app stores or sideloading.
Earlier this month, Epic Games submitted Fortnite to the App Store once again. But, unsurprisingly, the saga didn’t end there.
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Fortnite’s Rocky Return to iOS
After Epic Games submitted the Fortnite update to iOS on May 9, Apple blocked the game’s return in the U.S. and on alternative app stores in the EU.
Epic Games was furious, stating Apple’s actions contradicted the earlier court ruling. According to Apple, the issue stemmed from Epic Games trying to include the U.S. storefront in the update, which they argued would have a negative impact on Fortnite‘s availability in other regions. Apple claimed it had only asked Epic Games to resubmit the update without the U.S. App Store inclusion. So, while Fortnite wasn’t pulled from alternative stores, Epic Games still felt like it was being held back. This led Epic Games to ask the judge overseeing the case to intervene on May 16.
The situation seemed to be heading for another legal showdown, but by May 19, Epic Games and Apple filed a joint notice declaring they had “resolved all issues.” With U.S. District Judge Yvonne Gonzalez ruling that Apple could resolve the matter swiftly, Epic Games submitted a new version of Fortnite — and just like that, it’s back on iOS in the U.S.
The latest version of Fortnite on the App Store now gives players 20% cash back when they buy in-game items through Epic’s payment system, bypassing Apple’s in-app purchase method.
What’s Next?
Epic Games may have settled one legal battle, but it’s already stepping into another. This time, the fight is with SAG-AFTRA, which has filed an unfair labor practice charge over the use of an AI-powered Darth Vader voice in Fortnite. The union claims Epic Games’ use of the AI voice without proper notice or negotiation infringes on its rights, particularly concerning replacing voice actor work.
As the battle over AI in entertainment continues to heat up, Epic Games could face more challenges ahead.
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