Throughout their lawsuit against Apple, Epic has maintained their push to reverse the ban and restore Fortnite to the Apple App Store with yet another request for an injunction. Their latest attempt has failed.

Tim Sweeney, the founder and CEO of Epic Games, has expressed frustration for years with what he views as Apple’s and Google’s monopolies on the software marketplaces for their respective mobile operating systems.

Apple maintains a fully walled garden on its platform: If you want to release an app that reaches the more than 1.4 billion active iOS devices worldwide, you have no choice but to do it through the App Store. That requires agreeing to Apple’s terms, including giving the company final approval over your app and the content within it.

There are some differences between the two complaints, since Android isn’t a closed ecosystem like iOS. 

In June 2020 the European Commission launched two antitrust investigations against Apple. One concerns the Apple Store and the other concerns Apple Pay.

As was the case before, Epic has been denied an injunction that would keep Fortnite on the app store, but was granted an injunction to keep Unreal Engine on iOS/MacOS, with Judge Rogers once again ruling partially in favour of Epic.

In regards to the lawsuit – who Rogers also is currently presiding over – she noted that Epics’ demands to effectively abolish the 30% revenue cut of storefronts would have “serious ramifications” for console makers Microsoft, Nintendo and Sony, with Epic arguing that 30% is acceptable on consoles but not on PC or mobile, with Rogers responding by stating that there is no legal precedent for such a distinction,

Rogers had previously suggested a jury trial might be appropriate as soon as next July, but ahead of today’s ruling, both parties said they would rather have the case decided by a judge.

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