Fortnite Returns to US App Store (And All It Took Was a Years-Long Legal Battle)
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Popular online game Fortnite has returned to the US App Store after Apple relented and approved Epic Games’ recent resubmission of the app. This marks the first time Fortnite has been available in the iOS App Store since 2020.
Apple had dragged its feet in considering Fortnite’s return to the App Store until US District Court Judge Yvonne Gonzalez Rogers indicated that unless Apple stopped delaying its approval, she would require Apple lawyers, as well as an “Apple official who is personally responsible for ensuring compliance” to appear at a May 27 hearing. That meant that App Store chief Phil Schiller or another high-ranking Apple executive would need to make an appearance.
Rogers’ threat was apparently enough to make Apple take action and approve Fortnite for release on the App Store.
In a letter to Epic Games, which the Fortnite publisher was nice enough to share, Apple had said it “won’t take action on the Fortnite app submission until after the Ninth Circuit rules on our pending request for a partial stay of the new injunction.” However, Epic claimed Apple had previously assured them that it would approve Fortnite as long as the game complied with Apple’s app guidelines.
Last week, Apple refused to approve Fortnite for the App Store, ignoring Epic’s app submission. Unfortunately, Epic had tied the update to Fortnite in the European Union, so the game had also been unavailable on iOS devices in the EU since Friday, even though it’s only distributed in the EU through the Epic Games Store and other third-party app marketplaces.
Following Apple’s move, Epic Games filed a court motion asking Judge Rogers to compel Apple to approve its submission of Fortnite for the US App Store. Epic claimed Apple was maliciously delaying its approval of Fortnite, and Judge Rogers appeared to agree.
Fortnite is now available in the iOS App Store in the United States and via the Epic Games Store app marketplace in the European Union. The game has not been approved for distribution on the App Store in any other region, as Judge Rogers’ ruling only applies to the US App Store. However, thanks to that injunction, US-based Fortnite players can now purchase in-app currency from the Epic Games website. No in-app purchase options are currently available.
Apple has appealed the judge’s ruling that requires it to allow developers to link customers to outside app and content purchase options without charging a commission. That appeal is still pending, as Apple awaits a decision.
Epic Games CEO Tim Sweeney celebrated on X, thanking “everyone who supported the effort to open up mobile competition and #FreeFortnite from the beginning.” Sweeney termed it a win for app developer rights and consumer rights.
While this may be a win for Epic Games, the battle has proven costly for the company, as it has spent more than $1 billion on the legal battle. Earlier this month, Sweeney spoke with Business Insider and said that the effects of the battle resulted in a lot of lost revenue for Epic. Despite the huge amount of money spent on the courtroom battle, Sweeney says it was worth it.
While Sweeney admitted that Epic can’t exactly determine how much revenue it has missed out on from being banned from the App Store, he said the company did make about $300 million on the iOS version of the game during the two years Fortnite was available in the US App Store, making it easy to project that hundreds of millions of dollars of revenue was lost due to the lawsuit.
