Apple lets Fortnite back on the App Store, but the fight isn’t over yet

Fortnite is back on the Apple App Store in almost all regions, ending its years-long absence that began when Epic Games sued Apple over in-app purchases.

The battle royale’s comeback is real, but Epic Games’ claim that it has already won isn’t completely true. Epic Games brought back Fortnite to the App Store on May 19, following the game’s US return last year. But there’s an exception – Australia – and the legal fight that made this possible is nowhere near finished.

Epic claims a victory, but it isn’t completely true

The legal battle between Epic and Apple goes back to 2020, when Apple removed Fortnite from the App Store for allegedly bypassing platform fees. Developers worldwide are awaiting the outcome because of how it will likely change Apple’s App Store policies — and all the important fees.

Epic CEO Tim Sweeney claims Fortnite’s global rollout is a turning point and declared it as “the beginning of the end of the Apple Tax worldwide.â€

The video game maker even launched a new ad campaign that resembles Apple’s classic iPod silhouette commercials and added a new in-game outfit to mark the moment.

But calling it a win feels like Epic may be getting ahead of itself, since the core of the legal dispute remains unresolved. A few weeks ago, the US Court of Appeals for the Ninth Circuit reversed a stay that had temporarily enabled Apple to avoid complying with its earlier App Store fees ruling.

The case was then sent back to a US district court judge to decide what commission Apple is allowed to charge for in-app purchases made using external payment links. However, that is yet to be determined.

In the meantime, Apple is challenging another injunction-violation charge before the Supreme Court. That means Apple may keep its existing commission structure intact.

Why is Australia the exception?

Australia is one of the few countries where Fortnite has yet to appear on the Apple App Store. An Australian court had previously ruled that many of Apple’s developer terms are unlawful, but nonetheless Cupertino has continued to enforce them as it waits for a final enforcement order. 

Epic says it won’t be bringing back Fortnite under terms a court has already found unlawful, which is why Australian players may have to wait for a while.

The Apple vs Epic fight is far from over

Epic Games’ decision to push Fortnite globally seems strategic. Apple recently told the Supreme Court that regulators worldwide are closely monitoring the case to decide how much Apple can charge in markets outside the US.

Epic may have seized on that admission, saying Apple has acknowledged the stakes of what’s about to come.

For most iPhone and iPad users worldwide, none of these developments affects the practical reality. Fortnite is back on the Apple App Store in most parts of the world, and it’s free. But it’s unlikely Epic will stop talking about Apple’s commission rates anytime soon.

Anurag Chawake is a tech-focused writer specializing in smartphones, apps and consumer technology. His interest in computers began during the Windows 98 era, eventually leading him to explore everything from operating systems to mobile devices and PC hardware. Anurag previously contributed to The Indian Expresscovering Apple, Android, gaming and the broader technology landscape.