Apple gives in under pressure from Brussels

In the context of the entry into force of a new European law on digital technology, the suspense surrounding the return to the iPhone of the star game, Fortnite, banned by Apple for almost 4 years, resumes. Apple, after authorizing it, on Wednesday suspended the account of its publisher, Epic Games. But on Friday evening, the iPhone maker reversed its decision.

What really happened between Apple, Epic Games – the publisher of Fortnite – and the European Commission during the 48 hours between Wednesday March 6 and Friday March 8, 2024? “They (Editor’s Note: Epic Games) are committed to following the rules, We explain at Apple headquarters in Cupertino, Our rules specifically regarding DMA”. We are considering a new tax of 50 Euro cents demanded by Apple for every download from an application store other than the App Store.

For Fortnite (125 million players in the first year and 9 billion dollars turnover in two years), it is – certainly – only an old continent and only a platform to play it, but its forced return will be very symbolic. Since the summer of 2020, the game has become a symbol of pressure on Apple to explode the monopoly of the App Store and eliminate the 30% commission that the Tim Cook-led company receives.

“Apple’s plan to thwart Europe’s new digital markets law is yet another cowardly example of malicious compliance.”

Tim Sweeney, CEO of Epic Games, publisher of Fortnite

on the X network

Let’s go back a month and a half ago, January 25 to be exact. Apple, which is preparing for the arrival of DMA, announces that in Europe, it will soon be possible to open alternative app stores for the iPhone and thus bypass the App Store and its 30% commission. That same day, Epic Games announced – I quote – on Social Network X: “Remember Fortnite on iOS? What if we brought it back? Fortnite will return to Europe via the future EpicGames Store on iOS, during 2024.”

One of the conditions for opening an alternative store, having an Apple developer account, Epic Games requests the reactivation of a developer account located in Sweden: reactivation validation by Apple announced by Epic Games on February 16.

Yet, at the same time, Tim Sweeney, CEO of Epic Games, does not shy away from expressing all the bad things he thinks on former Twitter – I quote again about this. “The New Sneaky Example of Malicious Compliance”Calling Apple’s ads “Smoking waste”and appropriating the 50 euro cents per download required by Apple to cover technical costs, “Phony Tax”.

On Wednesday March 6, after several weeks without response, Apple suspended the Epic Games account and justified itself: According to Apple, previous violations indicated that Epic Games “Don’t intend to follow the rules. You can’t be trusted and it’s proven”Apple would have added, openly confirming that Fortnite’s publisher A “Threat to the iPhone Ecosystem”.

So, do exchanges with Epic Games alone explain Apple’s change of heart on Friday evening and the new reactivation of Epic Games accounts? Not according to Thierry Breton, European Commissioner for the Internal Market on social network X: “Following our contacts, Apple has decided to withdraw its decision. From day two, DMA is already showing very solid results”. There are countless twists and turns in the nearly 4-year-old war.

On this famous August 13, 2020, Epic Games integrates into it Fortnite On the iPhone, direct payment by credit card, which does not go through the App Store, and therefore deprives Apple of its 30% commission. Immediately, Apple removed Tim Cook, faced with what he believed to be a violation of the terms of use accepted by the publisher. Fortnite from its mobile app store. Epic Games files a complaint…

Apple in turn files a complaint. The trial, in May 2021, runs for three weeks. Apple wins on 9 out of 10 counts, but loses to unfair competition. Epic Games moved to the Supreme Court to overturn the ruling, in vain. The trial will not be definitively closed until January 2024.

Over the months, Tim Sweeney tried to turn the battle between the two companies into a duel between Tim Cook and himself, except for one detail, to no avail. Those who know the Apple CEO believe he will never forgive. Without pressure from the European Commission, last Wednesday’s Epic Games account deactivation certainly wasn’t planned to last just 48 hours…