All developers can also now offer their own payment service, effectively ending Apple’s monopoly on payment services and fees; ‘developers are free to pass along savings to customers.’
Following Apple’s recent beating in a lawsuit waged by Epic Games, Fortnite is set to return to the U.S. iOS App Store.
A California District Court has found that Apple willfully violated the court order in the Epic Games v. Apple suit, which argued that Apple acts as a monopoly, reports Variety. Apple removed Fortnite and other Epic Games titles from its App Store in August 2020 and suspended the company’s developer account following the suit filing. However, the account was reinstated in Europe last year.
“For the reasons set forth herein, the Court finds Apple in willful violation of this Court’s 2021 Injunction which issued to restrain and prohibit Apple’s anticompetitive conduct and anticompetitive pricing,” Judge Yvonne Gonzalez Rogers said in the suit’s court documents. “Apple’s continued attempts to interfere with competition will not be tolerated.”
“This is an injunction, not a negotiation” Judge Rogers continued. “There are no do-overs once a party willfully disregards a court order. Time is of the essence. The Court will not tolerate further delays. As previously ordered, Apple will not impede competition. The Court enjoins Apple from implementing its new anticompetitive acts to avoid compliance with the Injunction. Effective immediately Apple will no longer impede developers’ ability to communicate with users nor will they levy or impose a new commission on off-app purchases.”
Apple’s VP of Finance, Alex Roman was found to have “outright lied” to the court under oath, with Judge Rogers stating, “In stark contrast to Apple’s initial in-court testimony, contemporaneous business documents reveal that Apple knew exactly what it was doing and at every turn chose the most anticompetitive option.”
In response to the ruling, an Apple spokesperson speaking with Variety stated, “We strongly disagree with the decision. We will comply with the court’s order and we will appeal.”
In a call with the press this past Wednesday evening, Sweeney said, “It’s a huge victory for developers. This means all developers can offer both Apple’s payment service side by side with their own payment service. Apple cannot charge fees on the developers’ own payment services, and developers are free to pass along savings to customers by through differentiated pricing.”
“What this does is it forces Apple to compete with other payment services, rather than blocking them,” Sweeney continued. “This is what we wanted all along. We’ve always acknowledged Apple’s right to operate their own store; their right to operate their own payment service. We’ve just always wanted a level playing field in which developers can compete with Apple to offer their own products, and then consumers are free to choose the best, and let the best product win.”







