Judge rejects Epic Games’ bid to force Apple’s App Store to carry Fortnite

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.

Epic Games' Fortnite
Epic Games’ Fortnite

Edvard Pettersson for Bloomberg:

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.


  1. Justice has been done, Epic Games was never going to win this argument in trying to force Apple to reinstate Fortnite on the AppStore, they knowingly broke AppStore try rules that they agreed to so and paid rhe price. No judge in their right mind was going to side with Epic Games over this.

  2. This seems like a classic case of a company finding success and the executives letting it go to their head. One can almost see the execs at Epic sitting around plotting this plan in the board room. Feeling that their successful game is strong enough and their player base large enough to take on Apple. What a huge miscalculation on their part. The executives should step down.

  3. Socialism works equitably only when all contribute and all benefit from it. Epic was using the corrupt Socialist model, nearly Stalinist, to try to force itself into another entity’s property without contributing to the commons.

    1. When “fairness” is legislated, it guaranteed that someone will not be treated equally.

      Socialism and Communism…

      “socialism is just the lower phase of communism used to facilitate true communist puerility which is its highest phase.” Lenin

      “to try to force itself into another entity’s property (what socialism/communism is about) without contributing to the commons. (what history shows occurs with both because there’s no compelling reason. The value of “self” is destroyed for the collective…it’s what “The State” eventually does to the indi).

  4. The problem for Apple, as one the judge also noted, was with Apple banning the Unreal Engine, they were hurting developers using that very popular software, who had nothing to do with this. I think it’s a mistake for Apple to have done that. That, as. The judge noted, was retaliation, and showed Apple’s power.

    Really, as a fair sized shareholder, I’m looking to the future where governments are getting very aggressive about big tech companies. Apple is pushing things too hard right now.

    1. I dont know full picture but just guessing ‘what if games made on Unreal engine does not work bcs of banning Epic payments’ – in that case customers will be confused… just guessing…

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