Fortnite Returns? The Epic Games v Apple ruling is here
Justice Beach handed down his much-anticipated relief ruling today following a finding last year that Apple had misused its market power by restricting distribution of apps and in-app payment processing. He ordered that Apple permit Fortnite and other apps to be admitted or re-admitted to the store by March 2027:
[2] Upon written application being made by the applicants, the first respondent must do all things necessary (including procuring any act of any related corporation) to permit the Fortnite app and/or other iOS apps developed by the applicants (not including an alternative app store) to be (i) admitted or readmitted to the App Store subject to the applicants complying with the DPLA and App Store Review Guidelines (insofar as the provisions of the DPLA and App Store Review Guidelines are consistent with these orders), and (ii) made available for discovery, downloading, use and updating by iOS device users, in the same manner as other apps available on the App Store by taking the following steps: …
[3] Subject to orders 12 and 13, the first respondent must do all things necessary (including procuring any act of any related corporation) to ensure that users of iOS devices can discover, obtain and update iOS apps, including alternative app stores, via distribution channels other than the App Store (including via direct download and alternative app stores) provided those iOS apps have undergone an automated scan for genuine security and/or privacy reasons and been notarised by Apple or a suitably qualified third party (Alternative Distribution Channels), and that app developers can distribute and update such iOS apps to such users via Alternative Distribution Channels …
[4] Subject to orders 12 and 13, the first respondent must not (including by procuring any act of any related corporation) prohibit, prevent or take any action (including by imposing a fee or condition) which is likely to hinder users of iOS devices from discovering, obtaining and updating iOS apps, including alternative app stores, via Alternative Distribution Channels, or from using iOS apps obtained in that way on iOS devices, or prohibit, prevent or take any action (including by imposing a fee or condition) which is likely to hinder app developers from distributing and updating such iOS apps to such users via Alternative Distribution Channels …
[additional orders were also made, including in relation to restrictions on imposing fees to introducing friction or impediment to the process of user payments through in-app purchases]
View judgment: Epic Games Inc v Apple Inc (No 2) [2026] FCA 1552
In a post on X, Epic Games has said Fortnite would return to the Australian App Store today.
Reuters reports that Apple has said it will request a stay and appeal the outcome.
For details about the trial decision and related proceedings see: Epic Games v Apple [2025] FCA 900 case page.
A judgement was also handed down in the related class action cases: Anthony v Apple Inc (No 2) [2026] FCA 1553.
See also:
Date: 22 October 2026