The EU is preparing to launch an investigation into Apple’s latest actions in its ongoing feud with Fortnite developer Epic Games after they terminated a developer account created by Epic to put its games back on Apple devices in Europe.
Fortnite and other Epic Games apps were removed from the App Store in 2021 after Epic included links to make in-app purchases that bypassed Apple’s payment system and offered cheaper options that would not give Apple a cut. Following the EU’s Digital Markets Act (DMA), however, Apple announced that it would be allowing third party game streaming platforms like the Epic Games Store.
Apple approved an Epic Games developer account in Sweden so that they could put their apps back on Apple devices, but Epic announced that the account was terminated on Wednesday. According to Epic, Apple stated that the reason for blocking the account included Epic CEO Tim Sweeney’s criticisms of their DMA compliance plan and claimed that the Epic Games Store presented a threat to their ecosystem.
In a statement to Bloomberg, Apple said “Epic’s egregious breach of its contractual obligations to Apple led courts to determine that Apple has the right to terminate any or all of Epic Games wholly owned subsidiaries. In light of Epic’s past and ongoing behavior, Apple chose to exercise that right.”
On Thursday, EU industry chief Thierry Breton said that he asked the EU’s services to look into the issue, suggesting that Apple may be acting as a gatekeeper to other developers.
🚨Under the #DMA, there is no room for threats by gatekeepers to silence developers.
I have asked our services to look into Apple’s termination of Epic’s developer account as a matter of priority.
To all developers in 🇪🇺 & 🌍: now is the time to have your say on gatekeepers’…
— Thierry Breton (@ThierryBreton) March 7, 2024
According to a report by Reuters, the EU will also be looking into whether Apple’s actions comply with the Digital Services Act (DSA) and the Platform to Business Regulation (P2B), which states that terminating accounts must be proportionate and requires business users must be notified when terms and conditions are changed, respectively.
If Apple is found to be in violation of these acts, Fortnite and other Epic Games properties could be returning to Apple devices after years away.