Epic Games has made some bold moves lately. They are pressuring Apple to allow the reintroduction of their mini-moneymaker, Fortnite, back into the App Store’s walled garden. That legal war is still continuing between the two companies. Epic’s primary argument is that Apple is illegally blocking access to a market that Apple has extensively shaped by its own pro-competitive actions.
Things really heated up when Epic made a shocking move and filed a motion to sanction Apple in court. They argued that Apple’s decision to keep Fortnite off its platform is damaging their business and deterring other developers from taking on Apple’s behavior. Epic’s original motion made the claim that Apple was excluding it from the market. This decision puts a big stamp on the idea that other developers shouldn’t go up against Apple’s wrongdoings.
Epic always claimed that Apple was in violation of fair competition principles. The company believes it can successfully leverage the pro-competitive rules it once fought against. These rules are intended to usher in a more open, competitive marketplace. The ability to exploit the pro-competitive rules it did much to bring about,” Epic underscored in its own arguments.
In reply, Apple has proposed its own path forward for Epic. Instead they suggest that the company re-submit its app update, but only after removing the App Store’s U.S. storefront. This kind of approach would let Fortnite keep playing worldwide without changing how it can be available here in the United States.
Epic has completely ruled out this proposal. They are doing so because it is immensely important to them that the game be completely restored in the U.S. App Store. Unsurprisingly, the company is asking Apple to allow any version of Fortnite that complies with the rules back onto the U.S. App Store. They contend that access to this potentially massive new market is critical both to their business and to their players.
The resulting ongoing dispute has shown the serious problems with app distribution and market monopolization. Regulators and industry observers are watching these developments very closely. From here, both companies are preparing for their next legal maneuvers. The result of this fight would be hugely consequential to developers and their market dependencies.
Anthony Ha, well-known in tech and startup circles and long time editor of the highly influential tech blog TechCrunch. He’s a forward-thinking executive with deep relationships across the industry. He was formerly a tech reporter at Adweek and senior editor at VentureBeat. Prior to this role, Ha was a local government reporter for the Hollister Free Lance. Further, he worked at a national VC firm focused on content as their vice president of content. He resides in New York City.
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