Epic Announces Fortnite Will Return to the iPad in the EU

Epic Games has announced that thanks to the EU’s Digital Markets Act (DMA), it’s planning to bring Fortnite back for the iPad via its new European Union Epic Games Store in addition to its previously announced return to the iPhone.

In March, we saw reports that Epic had plans to launch Fortnite on the iPhone via its own app store in the EU. While Apple initially resisted, it eventually relented and allowed Epic Games to set up its own alternative app marketplace in the EU.

The catch is that the DMA originally only included the iPhone and its iOS operating system in its new tech regulations. However, the EU has now reconsidered, announcing yesterday that Apple’s iPad operating system, iPadOS, also qualifies as a significant digital gatekeeper, and Apple will be required Apple to allow alternative app stores and browser engines on iPadOS. This clears the way for Fortnite to make a return to the iPad alongside the iPhone — at least in the 27 EU countries that are covered by the DMA.

The EU says the new rule is aimed to promote fair competition and expand options for consumers.

However, Apple reportedly has six months to bring the iPad and iPadOS into compliance with the DMA as it did with iOS. While that presumably shouldn’t be too tough a job, due to the similarities shared between iOS and iPadOS, including common app frameworks used by both operating systems, Apple will likely drag its feet in making the changes.

As first spotted by TechCrunch, Epic Games today shared on X that the EU ruling means it will move “full steam ahead” to launch its Epic Games Store in the EU. The store will, of course, offer Fortnite for iPhone and iPad.

Epic hasn’t shared an exact launch date for the return of Fortnite to iOS and iPadOS, only saying “this year,” which is understandable as the ball is naturally in Apple’s court for now.

In September, the European Commission announced that it had designated Apple as a gatekeeper for iOS, the company’s iPhone operating system, the Safari web browser, and the App Store. That same day, the Commission said it had opened an investigation into iPadOS to determine whether the operating system acts as an important gateway for business users to reach end users. If the operating system met the requirements, it would be designated as a gatekeeper.

The EC announced this week that the investigation has now ended, and the Commission has found that Apple “presents the features of a gatekeeper in relation to iPadOS,” providing the following reasons for the decision:

• Apple’s business user numbers exceeded the quantitative threshold elevenfold, while its end user numbers were close to the threshold and are predicted to rise in the near future.
• End users are locked-in to iPadOS. Apple leverages its large ecosystem to disincentivise end users from switching to other operating systems for tablets.
• Business users are locked-in to iPadOS because of its large and commercially attractive user base, and its importance for certain use cases, such as gaming apps.

A company can be classified as a “gatekeeper” under the European Union’s Digital Markets Act, a company must have sales across the EU of at least €7.5 billion or a market capitalization of €75 billion or above. The company’s platforms or services must have over 45 million monthly active users and more than 10,000 active business users annually within the European Union.

Companies that do not follow the new regulations can risk fines, investigations, and “behavioral or structural remedies.” Fines can amount to as much as 10% of a company’s global revenue, as well as a 20% penalty for repeat violations.