UPDATED 21:19 EST / SEPTEMBER 06 2020

APPS

In new filing, Epic Games requests return of Fortnite to Apple’s App Store

Epic Games Ltd. dropped the latest filing in its battle against Apple Inc. late Friday night as the games maker once again requested an injunction to have Fortnite restored to the iPhone maker’s App Store.

The dispute between the two companies began Epic filed a lawsuit against Apple Aug. 13 alleging that the App Store is an illegal monopoly after Fortnite, the world’s most popular game, was banned.

The move came after Epic added support for in-app payments, a breach of Apple’s terms and conditions. Epic was successful in gaining an injunction against Apple Aug. 25 to keep its Apple Developer account but was unsuccessful in having Fortnite restored at its first court hearing.

In the new filing, Epic argues it is “likely to suffer irreparable harm” if Fortnite is not available on the App Store and that “the balance of harms tips sharply in Epic’s favor.” Repeating an argument Epic previously made, the filing again describes Apple as a “monopolist” that unfairly obtains that status by “explicitly prohibiting any competitive entry.”

Although much of the 182-page filing repeated previous claims, recent user stats for Fortnite were new. According to Epic, of about 350 million registered Fortnite users, 116 million users use the iOS version of the game and 63% of those play Fortnite only on Apple devices. Since Fortnite has been banned from the App Store, Epic claims that the number of daily active users on iOS has declined by more than 60%.

“Today we ask the Court to stop Apple from retaliating against Epic for daring to challenge Apple’s misconduct while our antitrust case proceeds,” Epic said in a statement. “Apple is a monopolist and standing up to them is a necessary step to free consumers and developers from the unlawful restrictions Apple has imposed over app distribution and in-app payment processing on iOS.”

Epic added that “for too long, developers have not spoken out because they fear Apple’s retaliation. The company’s recent actions show that if you challenge Apple’s monopoly, Apple will attempt to destroy your business. We are committed to speaking up and securing lower cost, competitive access for all.”

Apple did not respond directly to the new filing, referring CNN Business to its previous statement: “The court recommended that Epic comply with the App Store guidelines while their case moves forward, guidelines they’ve followed for the past decade until they created this situation. Epic has refused. We hope that we can work together again in the future, but unfortunately that is not possible today.”

The next hearing in the case is scheduled for Sept. 28.

Image: Fortnite

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