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Fortnite set to return to iOS in Australia after court ruling against Apple and Google

Fortnite will return to iOS in Australia after a court ruled Apple and Google abused their app store dominance to limit competition.

Epic Games has confirmed that Fortnite will soon return to iOS devices in Australia, following a landmark federal court decision that found Apple and Google’s app marketplaces to be anticompetitive. The game will be made available through the Epic Games Store at a date yet to be announced, as the company works through the implications of the ruling.

Court finds Apple and Google misused market power

Epic’s announcement came after a Federal Court judge, Jonathan Beach, ruled that Apple and Google had abused their dominance in app distribution and in-app payment systems. According to the Australian Financial Review, the court found that both companies used commission fees of up to 30 per cent to reduce competition. However, Beach dismissed claims that the tech giants had breached consumer law or engaged in “unconscionable conduct” — behaviour considered especially harsh or unfair.

The final judgment, which runs to more than 2,000 pages, has not yet been released to the public. Epic first sued Apple in November 2020 and Google in March 2021, with both cases being heard together despite being filed months apart.

In a post on X, Epic CEO Tim Sweeney said, “The Epic Games Store and Fortnite will come to iOS in Australia! An Australian court just found that Apple and Google abuse their control over app distribution and in-app payments to limit competition. There are 2,000+ pages of findings that we’ll need to dig into to fully…”

Mixed reactions from Apple and Google

Google spokesperson Dan Jackson welcomed the court’s rejection of some of Epic’s demands, such as requiring app stores to be distributed within Google Play, and defended the company’s security protections. However, he added, “We disagree with the court’s characterisation of our billing policies and practices, as well as its findings regarding some of our historical partnerships, which were all shaped in a fiercely competitive mobile landscape on behalf of users and developers. We will review the full decision when we receive it and assess our next steps.”

Apple issued a similar statement to ABC News, saying it was pleased the court had dismissed parts of Epic’s case but disagreed with other findings. “Apple faces fierce competition in every market where we operate,” the spokesperson said. “We continuously invest and innovate to make the App Store the safest place for users to get apps and a great business opportunity for developers in Australia and around the world.”

Wider global battle continues

Epic’s legal disputes with Apple and Google began in the United States on 13 August 2020 in two separate cases with differing outcomes. The company largely lost its case against Apple after taking it to the US Supreme Court, although Apple may still face restrictions on its App Store for failing to comply with a district court order.

Fortnite was removed from the App Store in 2020 during the initial dispute, before returning to iPhones in the EU last year via the Epic Games Store for iOS. Apple also reinstated Fortnite to its iPhone App Store in May of this year.

Epic has fared better against Google in the US. In late 2023, a jury unanimously ruled that Google had turned its Play Store and Play Billing system into an illegal monopoly. The decision was upheld in July this year by a panel from the Ninth Circuit Court of Appeals. Unless Google secures a stay or further appeal, this could significantly reduce its control over app distribution in the coming months. Google has argued that the Apple ruling should influence the outcome of its case; however, US courts have so far disagreed.

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