Epic Games CEO, Tim Sweeney, has announced that Fortnite will return to the US iOS store next week, nearly five years after first leaving the platform.
This follows a momentous decision regarding the Apple vs Epic legal dispute. Notably, a federal judge found Apple in violation of a 2021 injunction and several of its executives in contempt of court. This has caused the case to be referred to criminal prosecutors.
In a post online, Sweeney said: “No fees on web transactions. Game over for the Apple Tax. Apple’s 15-30% junk fees are now just as dead here in the United States of America as they are in Europe under the Digital Markets Act. Unlawful here, unlawful there. 4 years 4 months 17 days.”
Fortnite was originally removed from the iOS App Store after Epic Games introduced a direct payment method within Fortnite to bypass Apple’s mandatory 30% cut. The game was removed in retaliation in 2020, prompting a lawsuit by Epic Games and the in-game Free Fortnite movement to combat what it called a “1984” situation.
While Epic came up short in the 2021 lawsuit, the US court ruled that Apple should not be allowed to restrict developers from using their own direct payment methods.
Fast forward to April 2025, and Judge Yvonne Gonzalez Rogers has found Apple in contempt of court for flouting that very injunction. This is based on Apple introducing a 27% fee on out-of-app transactions, alongside warning screens to deter users away from these sites, something the court saw as a deceptive attempt at finding a loophole.
“Apple’s response to the Injunction strains credulity,” reads today’s order from Judge Yvonne Gonzalez Rogers. “After two sets of evidentiary hearings, the truth emerged. Apple, despite knowing its obligations thereunder, thwarted the Injunction’s goals, and continued its anticompetitive conduct solely to maintain its revenue stream.”
The order also writes that “Apple knew exactly what it was doing and at every turn chose the most anti-competitive option.” It also highlighted that Apple’s Vice-President of Finance, Alex Roman, “outright lied under oath.”
Following today’s results, Apple has been ordered to no longer interfere with developers’ communications with users or impose new commissions “effective immediately.” Apple has stated to multiple outlets that it will comply with the court’s orders, but will appeal.
Sweeney hasn’t gotten a complete victory, however, as Fortnite still does not have its payment processor directly in the app from the original 2021 ruling. But in light of recent events, Sweeney has put forward to Apple a “peace proposal.”
In a post online, Sweeney said: “We will return Fortnite to the US iOS App Store next week. Epic puts forth a peace proposal: If Apple extends the court’s friction-free, Apple-tax-free framework worldwide, we’ll return Fortnite to the App Store worldwide and drop current and future litigation on the topic.