Epic Games asks court to allow Fortnite to return to the App Store

Just a week after Apple terminated Epic Games’ developer account, Epic filed a preliminary injunction that would allow Fortnite to return to the App Store and restore access to its developer account.

In the presentation, Epic Games says it was willing to challenge Apple “because it was the right thing to do” and “it was better positioned than many other companies to weather the storm.” Epic describes Apple as a “monopolist” that maintains its dominant position by “explicitly prohibiting any competitive entry” into the application delivery and in-application payment processing markets.

Epic mentions that it is “likely to suffer irreparable damage” if Fortnite is not available on the ‌App Store‌ and that “the balance of the damages points strongly in Epic’s favor,” citing that daily active iOS users have already decreased by more. 60% from the initial removal of the application from the ‌App Store‌.

Fortnite introduced a direct payment option in mid-August that bypassed Apple’s in-app purchase system by allowing payments directly to Epic Games. Soon after, Apple pulled the app from the ‌App Store ‘for ignoring lasApp Store‌ policies, leading to a lawsuit from Epic and a rapidly escalating legal fight between the two companies.

Epic has refused to back down from the direct purchase option added to Fortnite, and Apple will not allow the application in the ‌‌App Store‌‌ while the direct payment option remains. Apple told Epic that it is ready to “welcome Fortnite back to iOS” if Epic removes the direct payment option and returns to the status quo as the legal battle unfolds in court, but Epic has refused.

The preliminary injunction was filed Friday in the United States District Court for the Northern District of California, and the hearing will be held on September 28.