Epic Games has failed once again to force Apple to offer Fortnite in the company’s App Store while the game developer pursues its specious and contrived antitrust claims.
A federal judge in Oakland, California, on Friday rejected Epic’s bid for a preliminary injunction that would have required Apple to reinstate the battle royale video game in the App Store — and allowed Epic to use its own payment option. Apple had removed Fortnite in August after Epic set up a direct-pay option for in-game purchases that circumvented Apple’s pay system.
It’s Epic’s second setback in its lawsuit alleging that Apple runs its App Store as an illegal monopoly because developers are barred from making their iPhone and iPad apps available through their own websites.
The judge reiterated her position that Epic’s predicament is of its own making because it breached its contract with Apple by inserting a hotfix in Fortnite to circumvent Apple’s pay system. Epic “flatly” rejected the judge’s proposal that, if Epic put Fortnite back on Apple without the hotfix, Apple’s 30% take of in-game purchases would be placed in an escrow account until the case is decided at trial, according to the ruling.
“We’re grateful the court recognized that Epic’s actions were not in the best interests of its own customers and that any problems they may have encountered were of their own making when they breached their agreement,” Apple said in a statement.
MacDailyNews Take: Operative term: Apple’s App Store.