Epic adds direct payment to Fortnite
Epic Games switched on its own payment option inside the iOS version of Fortnite, letting players buy in-game currency without using Apple's in-app purchase system, which takes a 30% commission.
Epic Games sued Apple in August 2020 after Apple removed Fortnite for bypassing App Store payments. Apple largely won the 2021 antitrust trial but lost on its anti-steering rules, was found in contempt in April 2025 and is now asking the Supreme Court to overturn that finding, while Epic has also won a case in Australia.
The Supreme Court is reviewing the contempt finding in Apple Inc. v. Epic Games, No. 25-1311, limited to the first question presented, on the civil contempt standard, with Epic's brief due November 13, 2026. Meanwhile the district court is deciding what commission Apple may charge on linked US purchases, and in Australia, under orders of October 22, 2026, Apple must allow other app stores from March 1, 2027 and has said it will appeal.
Epic Games switched on its own payment option inside the iOS version of Fortnite, letting players buy in-game currency without using Apple's in-app purchase system, which takes a 30% commission.
Apple removed Fortnite from the App Store the same day, saying Epic had violated guidelines that apply to every developer.
Epic filed an antitrust lawsuit in the US District Court for the Northern District of California, alleging that Apple unlawfully maintains a monopoly over app distribution and in-app payments on iOS.
Apple terminated Epic's App Store developer account. CNBC reported that Apple did not suspend an account related to Epic's Unreal Engine, in line with a court order protecting those tools.
Judge Yvonne Gonzalez Rogers granted Epic's request for a preliminary injunction only in part. She kept protections for the developer tools of Epic's affiliates, including Unreal Engine, but did not order Apple to reinstate Fortnite.
After a bench trial, the court ruled that Epic had not proved Apple is a monopolist under federal or California antitrust law. It found Apple's anti-steering rules violated California's unfair competition law and ordered them lifted nationwide. Epic was ordered to pay Apple 30% of the $12,167,719 it collected through its own payment system from August to October 2020, plus later such revenue.
The US Court of Appeals for the Ninth Circuit granted Apple's request to delay the order requiring it to let developers direct users to other payment options while the appeal was heard.
A Ninth Circuit panel affirmed the judgment against Epic on its federal antitrust claims, the ruling for Epic under California's unfair competition law and the breach of contract ruling for Apple. It reversed only the ruling on attorney fees.
The Supreme Court denied Apple's and Epic's petitions for review, leaving the Ninth Circuit decision in place. The injunction took effect the next day.
Apple filed a notice of compliance with the injunction. Its new rules let developers link to outside purchase options but charged a 27% commission on those purchases and limited how the links could look, according to the court's later findings.
Epic moved to enforce the injunction and asked the court to hold Apple in civil contempt over its new link rules. The court held six days of evidentiary hearings beginning in May 2024.
Judge Gonzalez Rogers found Apple in willful violation of the 2021 injunction, barred it from charging any commission on purchases made through outside links in the US and referred the matter to the US Attorney to consider criminal contempt proceedings.
Apple said it disagreed with the contempt ruling but would comply with it while appealing.
Apple approved Fortnite, returning it to the App Store in the United States nearly five years after its removal.
A Ninth Circuit panel denied Apple's emergency request to halt the App Store changes while it appealed, so Apple could not charge a commission on linked purchases in the meantime.
Justice Jonathan Beach of the Federal Court of Australia found that Apple engaged in conduct likely to diminish competition, in breach of section 46 of the Competition and Consumer Act, by blocking other app distribution on iOS and restricting payment options. Apple said it disagreed with parts of the ruling, The Guardian reported.
A Ninth Circuit panel affirmed the finding that Apple was in contempt, holding that some of its link restrictions broke the letter of the injunction and others its implicit command. It reversed in part, ruling that a total ban on commissions was not a valid civil contempt sanction in its present form, and sent the case back so the district court could set a fee.
The Ninth Circuit denied rehearing of its contempt decision, according to the Supreme Court docket.
Fortnite returned to the App Store in Japan alongside a new Epic Games Store app in early May 2026, Shacknews reported.
Epic said Fortnite was back on the App Store around the world except in Australia, where its return awaited a court decision.
Apple asked the Supreme Court to review the Ninth Circuit's contempt decision, also arguing that the injunction's reach broke with the court's 2025 ruling on universal injunctions.
The Supreme Court granted Apple's petition but limited review to its first question, the standard for holding a party in civil contempt. It declined to take up the universal injunction question.
The district court denied Apple's request to pause the proceedings on what commission it may charge on linked purchases until the Supreme Court rules.
Justice Elena Kagan briefly paused the district court proceedings on August 12 and denied Apple's stay application the next day.
In its court filing on fees, Apple proposed charging 15% on linked purchases for standard apps, 10% for apps in its partner programs and for subscription renewals, and 5% for Small Business Program apps, 9to5Mac reported.
Apple's merits brief asked the Supreme Court to reverse or vacate the contempt order, arguing a party cannot be held in contempt for violating the spirit of an injunction that does not address the conduct at issue.
The Solicitor General filed a brief supporting neither party. It argued the lower courts used the wrong standard for civil contempt and asked the court to vacate the contempt judgment and send it back, while taking no position on whether Apple acted in bad faith.
In Epic Games Inc v Apple Inc (No 2), Justice Beach ordered Apple to stop preventing Australian iOS users from installing apps from websites and alternative app stores, with those orders starting at noon Melbourne time on March 1, 2027 unless extended to May 3, 2027, and to readmit Fortnite and other Epic apps on Epic's application. Apple told Reuters it would seek a stay and appeal.
Fortnite returned to the iOS App Store in Australia, Beebom reported. Epic chief executive Tim Sweeney called the remedies a victory for consumers and developers.
“Apple's removal of Fortnite is yet another example of Apple flexing its enormous power in order to impose unreasonable restraints”
“Epic Games took the unfortunate step of violating the App Store guidelines that are applied equally to every developer”
“We're heading to the Supreme Court where we'll continue to fight against junk fees Apple charges on third-party payments.”
“This is an important question of law and we are pleased the Supreme Court will hear our case.”
| Trial court | US District Court, Northern District of California, No. 4:20-cv-05640-YGR |
| 2021 ruling | Apple not found to be a monopolist, anti-steering rules barred under California law |
| Contempt finding | April 30, 2025, affirmed in part by the Ninth Circuit on December 11, 2025 (No. 25-2935) |
| Supreme Court | Apple Inc. v. Epic Games, No. 25-1311, granted June 30, 2026, limited to Question 1 |
| Fortnite on US App Store | Removed August 13, 2020, returned May 20, 2025 |
| Australia | Federal Court liability judgment August 12, 2025 ([2025] FCA 900), relief orders October 22, 2026 ([2026] FCA 1552) |
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Last updated 31 October 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.