Epic Games urges judge to force Fortnite’s App Store return

The legal standoff between Epic Games and Apple has reached a new boiling point. The game developer has formally requested that Judge Yvonne Gonzalez Rogers compel Apple to permit a compliant version of Fortnite back onto its U.S. storefront.

This latest court filing follows a significant legal development last month, in which the judge ruled that Apple was in “willful violation” of an injunction concerning anti-competitive pricing. While the ruling initially suggested a path forward for Fortnite’s return to iOS, the situation remains gridlocked.

The core of the dispute

Epic Games alleges that Apple is actively retaliating against the publisher for its long-standing challenge to App Store policies, specifically regarding commission fees on in-app purchases. According to Epic, Apple is effectively “punishing” them by excluding the game from the U.S. market, thereby discouraging other developers from contesting Apple’s ecosystem rules.

In response to the current impasse, Epic stated, “Now, sadly, Fortnite on iOS will be offline worldwide until Apple unblocks it.” The developer claims this restriction extends to its plans for the Epic Games store in Europe.

Apple’s position and the Ninth Circuit

Apple contests Epic’s narrative, particularly the assertion that it is blocking the game on a global scale. The tech giant maintains that it requested Epic Sweden to resubmit an update that excludes the U.S. storefront, aiming to isolate the impact of the ongoing legal battle.

Regarding the U.S. market, Apple’s stance is tied to the judicial process. In correspondence sent to Epic’s legal team, Apple attorney Mark A. Perry clarified the company’s position:

• Apple has opted to suspend action on the Fortnite app submission.
• The hold will remain in place until the Ninth Circuit delivers a ruling.
• The decision is contingent upon Apple’s pending request for a partial stay of the recent injunction.

As the case progresses, Epic argues that Apple is denying it the benefits of the pro-competitive environment that the developer’s own legal challenges helped create.