Epic Games filed a civil antitrust suit against Apple today in the U.S. District Court for the Northern District of California after Apple removed the mobile version of Fortnite from its App Store.
Apple removed Fortnite after Epic decided to bypass the Apple store for its in-app currency purchases, a move that Apple argued violated its terms of service. Regardless of how the suit started, losing this case could have the potential to break up Apple’s monopoly on iOS app distribution or at the very least force the company to change its developer monetization rules.
The scrutiny over the iOS App Store
Apple’s App Store oversaw an estimated $519 billion in sales and billings in 2019 alone, according to a study published in June 2020 by the Analysis Group. This number was great news for Apple’s investors, but the scale and exclusivity of the App Store has raised eyebrows among regulators. In late July, Apple CEO Tim Cook appeared before Congress to testify at an antitrust hearing along with the CEOs of Facebook, Google, and Amazon. Among other topics, congressional committee members focused on Apple taking 30 percent of some application’s revenue.
Apple takes 30 percent of in-app purchases for any application that operates as a “service.” These services include things like Spotify, YouTube, Fortnite, and most other major applications. With no other options for getting onto iPhones, Epic and other developers have argued that the App Store is run like a monopoly. If you want to operate on iPhones, you have to fork over a third of your app revenue.
“Apple has a monopoly in the iOS App Distribution Market,” according to Epic’s lawsuit. This is because the App Store is the sole means by which apps may be distributed to consumers in that market. Apple’s anti-competitive conduct forecloses all potential competitors for entering the iOS App Distribution Market.”
Epic’s specific complaint about Apple’s practices is that all payments on iOS apps must…