Epic Games, the maker of the popular game Fortnite, has accused Apple of violating the EU’s new Digital Markets Act (DMA) by terminating its developer account. The move prevents Epic from launching its own game store on iOS devices in Europe, where the DMA requires Apple to allow third-party app stores and apps.
Epic’s ambitions thwarted by Apple
Epic Games had announced in mid-February that it had been granted an Apple developer account that would enable it to launch the Epic Games Store and Fortnite on iOS devices in Europe later this year. The company said it was thanks to the DMA, a new EU regulation that aims to ensure fair competition and innovation in the digital market.
The DMA, which came into force on January 1, 2024, imposes a set of obligations on so-called gatekeepers, such as Apple, that control access to core platform services. One of these obligations is to allow and technically enable the installation and effective use of third-party software applications or software application stores on their operating systems.
Epic Games, which has been engaged in a legal battle with Apple since 2020 over the latter’s 30% commission on in-app purchases, saw the DMA as an opportunity to challenge Apple’s dominance and offer its own game store and games to iOS users.
Apple terminates Epic’s developer account
However, on Wednesday, March 6, 2024, Epic Games published a blog post claiming that Apple had terminated its developer account, citing recent criticism of the iPhone maker’s policies and its previous issues with the Fortnite maker.
“This is a serious violation of the DMA and shows Apple has no intention of allowing true competition on iOS devices,” Epic Games said. “In terminating Epic’s developer account, Apple is taking out one of the largest potential competitors to the Apple App Store. They are undermining our ability to be a viable competitor and they are showing other developers what happens when you try to compete with Apple or are critical of their unfair practices.”
Epic Games said that Apple’s termination of its developer account violates Article 6 (4) of the DMA, which states: “The gatekeeper shall allow and technically enable the installation and effective use of third-party software applications or software application stores using, or interoperating with, its operating system and allow those software applications or software application stores to be accessed by means other than the relevant core platform services of that gatekeeper.”
The company also said that Apple’s move effectively kills its plans to bring back Fortnite, which has been banned from the App Store since August 2020, when Epic Games introduced a direct payment option in the game that bypassed Apple’s fees. Epic Games said it would explore the possibility of delivering Fortnite to iOS users through another third-party app store, but did not specify which one.
Apple defends its decision
In its own statement, Apple said it had the right to terminate Epic’s developer account, based on the court rulings that have favored Apple in the ongoing antitrust lawsuit.
“Epic’s egregious breach of its contractual obligations to Apple led courts to determine that Apple has the right to terminate ‘any or all of Epic Games’ wholly owned subsidiaries, affiliates, and/or other entities under Epic Games’ control at any time and at Apple’s sole discretion,’” Apple said.
Apple also said that it respects the DMA and is committed to complying with it, but that it does not apply to Epic’s case.
“The DMA does not require Apple to reinstate Epic’s developer account or allow Epic to distribute Fortnite or the Epic Games Store on iOS. The DMA also does not prevent Apple from enforcing its contracts and policies that are designed to protect the privacy, security, and quality of the App Store for our users,” Apple said.
Apple added that it remains open to working with Epic Games to resolve the dispute, but only if Epic Games adheres to the App Store guidelines and terms of service.