Judge Could Force Apple to Allow Fortnite Back in US App Store
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Apple has still not approved the return of Epic Games’ Fortnite to the App Store, and a US District Judge has ordered Apple to explain why it appears to be defying the anti-steering court order she issued, according to Mactrast.
In a new filing, Judge Yvonne Gonzalez Rogers has called out Apple for not complying with an injunction she issued earlier in the case. Epic Games last week filed a court motion asking the judge to force Apple to approve its submission of Fortnite to the US App Store. Epic claims Apple is maliciously delaying its approval of Fortnite, and Judge Gonzalez Rogers appears to agree.
As you might expect, Epic CEO Tim Sweeney crowed a bit, posting a screenshot of the Judge’s order on his personal X account on Monday.
Epic Games argues that Apple’s refusal to approve its Fortnite submission until after a ruling on a pending Ninth Circuit ruling is simply retaliation for its legal challenges.
Apple sent a letter to Epic, which the Fortnite publisher was more than happy to share, saying 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.” Epic says Apple had previously expressed assurances that it would approve Fortnite as long as the app complied with Apple’s guidelines.
Last week, Apple refused to approve Fortnite for the US App Store, basically ignoring Epic’s submission. Since Epic tied the update to Fortnite in the EU, the game has also been unavailable on iOS devices in the EU since Friday, where it’s been available through third-party app marketplaces like the Epic Store since Apple was forced to open up app distribution in the EU last year.
If Apple does not allow Fortnite in the US App Store without the court’s intervention, a hearing will be held on May 27, and the “Apple official who is personally responsible for ensuring compliance shall personally appear at the hearing.” That could force App Store chief Phil Schiller or another high-ranking executive to attend the hearing.
The Court is in receipt of Epic Games, Inc.’s Motion to Enforce the Injunction. The Court thus issues this Order to Show Cause as to why the motion should not be granted. Briefing shall occur on the schedule listed below and shall include the legal authority upon which Apple contends that it can ignore this Court’s order having not received a stay from the Ninth Circuit Court of Appeal even though its request was filed twelve days ago on May 7, 2025.
Obviously, Apple is fully capable of resolving this issue without further briefing or a hearing. However, if the parties do not file a joint notice that this issue is resolved, and this Court’s intervention is required, the Apple official who is personally responsible for ensuring compliance shall personally appear at the hearing hereby set for Tuesday, May 27, 2025 at 9:00 a.m. in the United States District Court, Northern District of California, Oakland, California, Courtroom One.
In the letter to Epic Games, Apple claimed the injunction does not change its legal right to terminate the company’s developer account, which it did in 2020 for breach of contract. Apple also repeated that it will not allow Fortnite to return to the App Store until all US legal battles have been resolved. Apple is currently appealing the district court’s ruling that required it to allow developers to link customers to purchase options outside of the US App Store without any commissions. That appeal is still pending, and the court has not yet ruled.
Apple has otherwise complied with the court orders, allowing apps like Patreon, Amazon Kindle, and Spotify to submit app updates that provide links to purchase options other than the App Store’s in-app purchasing system.
