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The Brief:

  • Apple has been ordered to put Fortnite back on its Australian App Store and open iOS to rival app stores and payment systems.

  • Most of the orders kick in from 1 March 2027, but Apple says it will seek a stay and appeal.

Apple has lost the next round of its Australian fight with Epic Games.

Today, the Federal Court has ordered the iPhone maker to put Fortnite back on its Australian App Store and open up its iOS app distribution and payment markets to competition.

It’s the remedies phase of the case, more than a year after Justice Jonathan Beach found Apple misused its market power under section 46 of the Competition and Consumer Act.

Fortnite returns from Friday, says Epic. The following changes land in March 2027, though Apple can seek an extension to 3 May 2027:

  • rival app stores can operate on iOS

  • Aussie users can download apps directly from developers

  • developers can offer alternative payment systems and point users outside apps to pay

  • no Apple fees on purchases made through third-party app stores

And Apple can’t use its IP to dodge the orders.

It argued the orders would force it to supply its intellectual property, like the software tools developers need to build apps. Justice Beach said Apple can still license those tools and charge fees for them. But it can’t refuse to license them, or set terms designed to lock out rival app stores and payment systems.

Epic didn’t get everything it asked for.

Justice Beach refused to declare parts of Apple’s developer contracts void under section 87 of the CCA. He also rejected Epic’s push to make the orders apply worldwide. The orders only bite in Australia. They cover the Australian App Store and users with an Australian Apple account, but developers can be based anywhere in the world.

Still, Apple must pay 85% of Epic’s liability trial costs, which could top $2m.

What they said

“This is great news for developers worldwide and iOS users in Australia who will benefit from an open mobile app ecosystem,” Epic said.

Apple is fighting back.

“We will request a stay and appeal the outcome to seek a resolution that respects our intellectual property and protects the safe, secure experience that consumers and developers expect from the App Store,” a spokesperson told Reuters.

Who’s acting

Allens acts for Epic, while Clayton Utz acts for Apple.

Phi Finney McDonald and Maurice Blackburn are running class actions against Apple and Google, with compensation claims to be decided once Epic’s case, including any appeals, is resolved.

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