Epic Games, the creator of Fortnite, has secured a partial win in the Australian Federal Court against Apple and Google over restrictions on app distribution and in-app payment systems. The ruling found that both tech giants engaged in anti-competitive conduct, but it could be years before any changes reach Australian users.
Fortnite’s clash with app store giants
The dispute began in 2020 when Apple and Google removed Fortnite from their app stores after Epic introduced its own in-app payment system, bypassing the companies’ fees. Epic responded with legal action in several countries, including Australia.
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In the Australian case, Epic argued that Apple’s closed App Store ecosystem and Google’s Play Store rules limited competition by blocking alternative app stores and payment methods. While Google allows “side-loading” and alternative stores like Samsung’s, Apple’s iOS remains a fully closed system.
What the court found
Justice Jonathan Beach ruled that Apple breached Australia’s Competition and Consumer Act by preventing side-loading and banning alternative payment methods for iOS apps. Google was found to have breached the same law over its billing system and a program known as Project Hug, which allegedly incentivised developers to stay in the Play Store.
However, Epic did not win all its claims. The court also dismissed some allegations against both companies.
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Epic and Google respond
Epic Games hailed the decision as a “win for developers and consumers in Australia” and said it plans to bring its store and Fortnite back to iOS in the country. But the company noted there were more than 2,000 pages of findings to review before the next steps become clear.
Google welcomed the court’s recognition of the “stark difference between Android’s open platform and Apple’s closed system” but disagreed with how its billing policies were characterised. Both companies are now assessing the judgment in detail.
Class actions succeed
Alongside Epic’s case, class actions brought by app developers against Apple and Google also succeeded. These lawsuits claimed the companies overcharged developers due to their market dominance. The court will decide later how much developers are owed.
“This judgment is a turning point,” said Kimi Nishimura of Maurice Blackburn Lawyers, which represented the developers. “It sends a clear message that even the most powerful corporations must play by the rules.”
What’s next for Australian gamers?
While Fortnite has returned to Apple’s App Store in the US and is available in Europe via the Epic Games Store, Australian iOS users still can’t download it directly. Any changes to Apple and Google’s app store policies in Australia will likely take years to implement.
FAQs
1. Why was Fortnite removed from Apple’s App Store and Google Play?
In 2020, Fortnite was removed after Epic Games introduced its own in-app payment system, bypassing Apple’s and Google’s payment fees.
2. What did the Australian court decide?
The court found that both Apple and Google engaged in anti-competitive behaviour by restricting alternative payment options and limiting app distribution choices.
3. Does this mean Fortnite will return to iOS in Australia?
Epic Games says it plans to bring Fortnite back to iOS in Australia, but changes may take years due to the complexity of the case and pending legal steps.
4. How are class actions connected to this case?
Separate class actions by app developers against Apple and Google also succeeded, with claims the companies overcharged developers due to their market dominance.
5. Can I still play Fortnite on Android?
Yes. While it’s not on Google Play, Android users can download it through “side-loading” or via the Samsung Galaxy Store.
