Apple has declined to reinstate Fortnite on the U.S. App Store, despite Epic Games’ recent attempt to relaunch the game through its Sweden-based subsidiary. The decision stems from Apple’s ongoing legal battle with Epic Games, which began after Epic bypassed Apple’s in-app payment system in 2020.
Epic submitted a new version of Fortnite for U.S. app review last week, but Apple chose not to act on the submission. In a letter sent on May 15 and released by Epic, Apple stated it won’t consider reinstating Fortnite or Epic’s developer account until the litigation concludes. According to Apple, this stance applies regardless of which Epic-controlled entity submits the app.
Apple: No Action Until Court Rules
In the letter, Apple reiterated that it lawfully terminated Epic’s developer account after the 2020 breach of contract. It argued that Epic knowingly violated the Developer Program License Agreement by introducing a hotfix that bypassed Apple’s payment system. Both the District Court and the Ninth Circuit upheld Apple’s right to take that action.
Epic had bundled submissions for both the EU and U.S. storefronts. Apple advised Epic to submit them separately to avoid disrupting access in other regions. Apple also reminded Epic that the U.S. app submission must come from an eligible developer who has executed the proper legal agreements.
Epic Pushes Back
In response, Epic has asked the court to compel Apple to approve Fortnite’s return under the new App Store rules, which prohibit Apple from charging a 27% fee on external payments.
As we reported earlier, this move follows earlier disputes in which Apple clarified it was only withholding Fortnite’s update in the U.S., not globally, and confirmed that Fortnite wouldn’t be approved as long as the developer account remained terminated.
Apple shows no sign of changing course until the Ninth Circuit rules on its request for a partial stay of the injunction. Until then, Fortnite remains off-limits in the U.S. App Store.