Epic Games calls on Apple to bring Fortnite back into the App Store in a new legal infill in the UK

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Epic Games is doubling down on its legal battle with Apple in the UK. As first reported by Bloomberg, Epic has made a new filing in the UK, criticizing Apple for its decision to remove Fortnite from the App Store, saying the company was abusing its “dominant position” in the market.

This is the first step in Epic’s quest to bring Fortnite back to the App Store in the UK. The company highlights three allegations against Apple, all of which relate to the company’s control over the payment processing market through the iOS app.

  1. reserving the sole distribution channel for apps to and / or payment processing mechanism for in-app content purchases for and by consumers who use iPhones and iPads
  2. use its dominant position to charge unfair prices for the distribution of applications through the App Store and / or the use of the Apple IAP
  3. its response to Epic’s introduction of price competition for in-app content purchases in Fortnite

Epic Games is seeking redress from the UK Competition Appeals Tribunal, asking the agency to declare that Apple’s removal of Fortnite from the UK App Store was “illegal”. The company is also seeking an order requiring Apple to remove the restriction on the processing of third-party payments through the app.

Other repair requested by Epic Games:

  1. an order prohibiting Apple from taking or threatening to take further action against Epic in connection with certain changes to the Fortnite iOS app
  2. an order requiring Apple to reinstate the affected Apple developer account
  3. an order preventing Apple from making access to iOS software and / or any other Apple software conditional on the use of the App Store and / or Apple IAP

In a statement to 9to5Mac, Tera Randall, vice president of communications and policy at Epic, said:

Epic Games has launched legal action against Apple and Google in the UK, broadening its fight to advance fair digital platform practices for consumers and developers.

The lawsuit, filed in the Competition Appeal Tribunal in London, alleges that the behavior of Apple and Google in their respective app stores is an abuse of a dominant position and a violation of UK competition laws, significantly reducing competition in the application distribution and payment processes.

We believe this is an important point to make on behalf of consumers and developers in the UK and around the world who are affected by the misuse of their market power by Apple and Google. We can’t wait to make our case on January 21.

Epic is not seeking damages from Apple or Google in the UK, Australia, or the US, it is simply seeking fair access and competition that will benefit all consumers.

As a reminder, Apple removed Fortnite from the App Store because Epic Games implemented its own payment process system for in-app purchases that escaped Apple’s in-app purchase system. The two companies are currently engaged in a legal battle, with a lawsuit scheduled for later this year in the United States.

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