The protracted legal and strategic conflict between Apple and Epic Games over the future of Fortnite on the iOS App Store entered yet another high-stakes chapter this week, dramatizing tensions at the intersection of platform power, regulatory scrutiny, and developer rights.
Epic Games, the publisher behind the blockbuster battle royale Fortnite, escalated its campaign for re-entry to the U.S. App Store after Apple refused to act on Epic’s resubmission of the game. According to a statement provided to 9to5Mac, Apple confirmed it will not move forward with Fortnite’s app submission until the Ninth Circuit Court rules on the company’s pending appeal. “In the meantime, Apple has determined not to take action on the Fortnite app submission until after the Ninth Circuit rules on our pending appeal,” Apple said, offering a rare glimpse into its procedural rationale.
This development follows years of litigation and regulatory wrangling, originating from Epic’s decision in 2020 to bypass Apple’s in-app purchase system. The move led Apple to remove Fortnite from the App Store, triggering a legal battle over alleged monopolistic practices and App Store fees. While Epic won partial vindication in U.S. courts and further momentum from Europe’s Digital Markets Act (DMA), Apple’s U.S. position remains resolute, refraining from relisting Fortnite and maintaining strict control over iOS app distribution and payments, as chronicled by The Register and 9to5Mac.
Epic’s counteroffensive has shifted to the courts. As reported by MacObserver and 9to5Mac, Epic formally asked a federal judge to compel Apple to reinstate Fortnite, arguing that Apple’s refusal is “blatant retaliation” that undermines court rulings and the spirit of fair competition. In a thread on X (formerly Twitter), Epic’s public affairs detailed Apple’s delay as a strategic maneuver to stymie competition until its legal challenges run their course. Epic maintains that Apple’s refusal to allow Fortnite’s return runs afoul of both the law and evolving regulatory standards.
Apple, for its part, disputes Epic’s characterization. In a statement to Bloomberg, Apple flatly denied blocking Fortnite’s return on EU App Stores, describing reports to the contrary as inaccurate. Apple’s spokesperson insisted it is complying with all relevant laws and court orders, even as it seeks clarification from judicial authorities and regulators on the implications for its review processes.
This war of attrition is not isolated to the United States. As noted by Marca and Bloomberg, Apple’s posture regarding Fortnite and Epic’s developer accounts has drawn significant attention in the European Union, where the DMA explicitly targets large platform gatekeepers. The EU’s regulatory pressure played a critical role in enabling Epic’s developer account reinstatement and the relaunch of Epic’s own app store on iOS devices in the bloc earlier this year, but Apple’s global compliance remains under close scrutiny.
Industry insiders interviewed by MobileGamer.biz and 9to5Mac underline the wider implications of the standoff. For developers reliant on Apple’s ecosystem, the Fortnite impasse is a bellwether for how much leverage they can realistically expect to exert, even when armed with favorable court decisions or regulatory mandates. For Apple, the dispute encapsulates the risks of ceding gatekeeper privileges, both to rival app stores and to in-app payment providers that threaten its lucrative App Store margin.
As the industry awaits the Ninth Circuit’s ruling, both sides dig in for a long legal siege. The outcome will not only determine the fate of Fortnite on Apple devices but will also set precedents vital to the economics of app distribution, platform accountability, and the regulatory boundaries of Big Tech. Apple and Epic’s ongoing collision course is viewed by legal and business analysts as a turning point with consequences extending well beyond the parties themselves.