Apple is appealing a recent contempt ruling in a legal case involving EPIC Games and the App Store, actions that come as a group of developers filed a new class-action lawsuit against the company. EPIC Games also announced plans to return its game Fortnite to the US App Store using a European developer account..The contempt ruling Apple is appealing concerns compliance with a previous injunction related to in-app payments. Separately, the new lawsuit filed alleges Apple failed to comply with a 2021 injunction order requiring the company to allow developers to point users toward alternative payment options outside of the App Store ecosystem. A judge recently ruled that Apple violated its injunction.
The class-action suit was brought by the law firm Hagens Berman with Pure Sweat Basketball, Inc. as the lead plaintiff. It claims Apple continued to block developers from informing users about lower prices available elsewhere. Pure Sweat Basketball has an app for improving basketball skills. The lawsuit alleges the company was prevented from linking to a subscription page outside its app.
Developers have long disputed Apple's rules governing in-app purchases and subscriptions. Apple charges a 30% fee on transactions within the App Store, reducing this to 15% for developers earning less than $1 million annually. The recent lawsuit argues Apple's actions forced developers to pay commissions the company was not entitled to receive after the injunction.
EPIC Games, the publisher of Fortnite, was a central party in the legal saga that led to the injunction. Following a court ruling that blocked Apple from collecting fees on purchases made outside of apps, EPIC CEO Tim Sweeney stated Fortnite would return to the US App Store. Sweeney later clarified the return would not be immediate, but the company plans to use its Sweden developer account for the submission.
EPIC's developer account was terminated by Apple in 2020 after EPIC introduced an in-app payment system into Fortnite that bypassed Apple's payment processing. This action initiated the legal battle between the companies. EPIC created its Sweden account last year to launch the EPIC Games Store and Fortnite in the EU, though that account faced temporary suspension in 2024.
The legal challenges extend beyond Apple, as EPIC has also been involved in a concurrent battle with Samsung and Google over access to app storefronts on Android.
The dispute over app store commissions and rules governing developer interactions with users represents an ongoing point of conflict within the tech industry.
A representative for Apple did not immediately respond to a request for comment.
"As a result of Apple's misconduct, attorneys estimate that potentially more than 100,000 similarly situated app developers were prevented from selling in-app products (including subscriptions) directly to their customers, and were forced to pay Apple commissions on in-app sales that Apple was not entitled to receive," a representative for Hagens Berman said.