Apple can no longer stop game developers from pushing players to alternative payment methods, a US judge has ruled.
The surprise twist in the Epic Games Vs Apple case also means Apple cannot take a commission on payments made outside of the App Store. The ruling applies to the US only, but is similar in nature to laws like the EU’s Digital Markets Act, and is effective immediately.
Naturally, Epic Games boss Tim Sweeney was quick to claim victory, stating on X that this was “Game over for the Apple Tax”.
He also promised to bring Fortnite back to the US App Store next week after the landmark ruling, and proposed a further ‘peace proposal’: “If Apple extends the court’s friction-free, Apple-tax-free framework worldwide, we’ll return Fortnite to the App Store worldwide and drop current and future litigation on the topic.”
As summarised by The Verge, the Epic Vs Apple judge also referred the case to the US attorney, meaning Apple could also now face charges of criminal contempt. Today’s ruling was made because Apple failed to comply with a 2021 order designed to remove Apple’s anti-steering rules. After that ruling, Apple introduced a 27% commission on purchases made outside the App Store, which sparked further outrage.
In short, Apple cannot collect commission on payments made outside an app or restrict or block developers’ messaging around where and how to pay through alternative means. It is also barred from putting up any ‘scare screens’ intended to spook users from leaving its ecosystem, and must instead use “neutral” language to inform users they are paying through another provider.
The court document also states that Apple’s finance VP Alex Roman “outright lied under oath”. Referring to the iPhone maker’s response to the first court order, the ruling says: “Apple knew exactly what it was doing and at every turn chose the most anticompetitive option”.
While Apple still maintains far-reaching controls over App Store payments in many countries, the US now joins the EU and other nations like South Korea in forcing the tech giant to allow greater freedoms for those doing business through the App Store.
