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Apple lets Fortnite back on the App Store, but the fight isn’t over yet

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A photo of a smartphone showing Fortnite on the Epic Games Store.
Fortnite is back on iPhone after years away following Epic Games’ legal clash with Apple.
Photo: Epic Games

Fortnite returned to the App Store in almost all regions, ending its years-long absence that began when Epic Games sued Apple over in-app purchases.

The battle royale’s comeback is real, but Epic Games’ claim that it has already won isn’t completely true. Epic Games brought back Fortnite to the App Store on Tuesday, following the game’s U.S. return last year. But there’s an exception — Australia — and the legal fight that made this possible is nowhere near finished.

Epic claims a victory, but it isn’t completely true

The legal battle between Epic and Apple goes back to 2020, when Apple removed Fortnite from the App Store for allegedly bypassing platform fees. Developers worldwide are awaiting the outcome because of how it will likely change Apple’s App Store policies — and the all-important fees Apple charges.

Epic CEO Tim Sweeney called Fortnite’s global rollout a turning point, declaring it “the beginning of the end of the Apple Tax worldwide.”

The video game maker even launched a new ad campaign that resembles Apple’s classic iPod “Silhouette” commercials and added a new in-game outfit to mark the moment.

But in calling it a win, Epic might be getting ahead of itself. The core of the legal dispute remains unresolved. A few weeks ago, the U.S. Court of Appeals for the Ninth Circuit reversed a stay that had temporarily enabled Apple to avoid complying with the court’s earlier App Store fees ruling.

The case was then sent back to a U.S. District Court judge to decide what commission Apple is allowed to charge for in-app purchases made using external payment links. However, that has yet to be determined.

In the meantime, Apple is challenging another injunction-violation charge before the Supreme Court. That means Apple could keep its existing commission structure intact.

Why is Australia the exception?

Australia is one of the few countries where Fortnite has yet to appear on the App Store. An Australian court previously ruled that many of Apple’s developer terms are unlawful. Nevertheless, Cupertino continues to enforce them as it waits for a final enforcement order. 

Epic says it won’t bring back Fortnite under terms a court already found unlawful. That means Australian gamers might need to wait a while.

The Apple vs. Epic fight is far from over

Epic Games’ decision to push Fortnite globally seems strategic. Apple recently told the Supreme Court that regulators worldwide are closely monitoring the case to decide how much Apple can charge in markets outside the United States.

Epic may have seized on that admission, saying Apple has acknowledged the stakes of what’s about to come.

For most iPhone and iPad users worldwide, none of these developments affects the practical reality. Fortnite is back on the App Store in most parts of the world, and it’s free. But it’s unlikely Epic will stop talking about Apple’s commission rates anytime soon.

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