by Juli Clover
As promised, Epic Games today submitted Fortnite to the U.S. App Store, and if approved by Apple, it will mark the first time that the Fortnite app has been available in the United States since 2020.
Fortnite will include options to purchase in-app currency from the web rather than through in-app purchase, which is what got the game banned to begin with. This time, though, Apple has been ordered to allow all developers, including Epic Games, to direct customers to purchase options that are available outside of the App Store.
Epic Games’ U.S. developer account has been banned since the initial Apple vs. Epic Games battle in 2020, so Epic Games is using the developer account that it established in Sweden to submit Fortnite to the App Store. Epic Games created a Swedish App Store account last year in order to create an Epic Games app marketplace in the European Union, as allowed by the Digital Markets Act.
Epic Games CEO Tim Sweeney said that the company has “conversed” with Apple about the plan, and that Apple is aware that Epic Games is submitting Fortnite using the Epic Games Sweden subsidiary that it established for the EU. Sweeney has not confirmed whether Apple said that’s okay, and it’s not clear if Apple will approve the App Store submission. In an interview this week, Sweeney said he would be “very surprised” if Apple “decided to brave the geopolitical storm of blocking a major app from iOS.”
When Epic Games first made a new developer account in the EU, Apple shut it down due to Epic’s pattern of untrustworthy behavior. Epic Games complained to EU regulators, and regulators in turn started questioning Apple. At that point, Apple decided to reinstate the account after Epic Games pledged to follow the alternative marketplace rules.
During the Apple vs. Epic Games legal battle, Apple was at no point ordered to allow Fortnite to return to the App Store, and the case in fact suggested that Apple was well within its rights to terminate Epic’s account, and under no obligation to allow Fortnite in the App Store at all.
It’s possible Apple will not allow Epic Games to use its European developer account to submit Fortnite given that the U.S. account is still banned, but Apple might not want to further anger the judge overseeing the case. Apple has also already approved external purchase links in Spotify, Kindle, Patreon, and other apps.
As of now, Apple is required to allow developers to add links and buttons to their apps directing customers to digital purchase options available outside of the App Store, and more importantly, Apple is not allowed to collect a commission on these purchases.
Apple has filed an emergency motion with the Ninth Circuit Court of Appeals to pause the “extraordinary” ruling that it argues requires it to give up “core aspects of its business operations.” Apple has specifically asked the appeals court to allow it to charge fees for purchases made using external links while the appeals process is playing out, with the company also requesting control over how those links are displayed.
Apple asked the appeals court to issue a ruling by May 28, but until Apple hears back, the App Store link changes that are in place will stand.
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