Apple Accuses Epic Games of 'Willful, Brazen, and Unlawful Conduct' in Countersuit Asking for Breach of Contract Damages

As Apple and Epic Games prepare for a hearing on a preliminary injunction to decide whether Fortnite will be allowed back on the App Store as the legal battle between the two companies plays out, Apple has filed a countersuit against Epic requesting damages for breach of contract.

fortnite apple featured
In a court filing today, Apple says that Epic's lawsuit is "nothing more than a basic disagreement over money," highlighting the revenue that ‌Epic Games‌ has earned through the Fortnite iOS app and Apple's developer tools.

Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store. Epic's demands for special treatment and cries of "retaliation" cannot be reconciled with its flagrant breach of contract and its own business practices, as it rakes in billions by taking commissions on game developers' sales and charging consumers up to $99.99 for bundles of "V-Bucks."

For years, Epic took advantage of everything the App Store had to offer. It availed itself of the tools, technology, software, marketing opportunities, and customer reach that Apple provided so that it could bring games like Infinity Blade and Fortnite to Apple customers all over the world. It enjoyed the tremendous resources that Apple pours into its App Store to constantly innovate and create new opportunities for developers and experiences for customers, as well as to review and approve every app, keeping the App Store safe and secure for customers and developers alike.

Epic, says Apple, has used more than 400 of Apple's APIs and frameworks, five versions of the Apple SDK, has had its apps reviewed more than 200 times, and has pushed more than 140 updates to Apple customers. Apple says that it also provided advertising each time Epic released a new season for Fortnite, offering "free promotion and favorable tweets" to more than 500 million end users.

Apple goes on to explain the current Epic vs. Apple situation, and how Epic blindsided Apple with a "hotfix" to add the direct payment option and then the ensuing legal assault after Fortnite was pulled from the ‌App Store‌.

Apple says that Epic's "willful, brazen, and unlawful conduct" can't be left unchecked, asking the court for damages and an order that prevents Epic from furthering its unfair business practices.

Neither Mr. Sweeney's self-righteous (and self-interested) demands nor the scale of Epic's business can justify Epic's deliberate contractual breaches, its tortious conduct, or its unfair business practices. This court should hold Epic to its contractual promises, award Apple compensatory and punitive damages, and enjoin Epic from engaging in further unfair business practices.

Apple also has a point-by-point rebuttal for all of Epic's claims, denying all allegations in the complaint. The full court filing is embedded below, and for a court document, it offers an interesting and comprehensive look into Apple's perspective on the whole Epic situation.


Epic over the weekend filed its documentation for the preliminary injunction, claiming that it challenged Apple because "it was the right thing to do" and that it was "better positioned than many other companies to weather the storm."

Epic has claimed that it will "suffer irreparable harm" if Fortnite is not allowed back in the ‌App Store‌, but at the same time, ‌Epic Games‌ has refused to remove the direct payment option that's in violation of Apple's ‌App Store‌ policies. Epic wants the court to rule in its favor, allowing the app to stay in the store with the direct payment option that defies the rules, but that did not happen during the hearing for a temporary restraining order, and it's not clear if the court will rule differently after hearing new arguments from both Apple and ‌Epic Games‌.

The preliminary injunction hearing is set to take place on Monday, September 28.

Popular Stories

iOS 26

Everything New in iOS 26.2 Beta 3

Monday November 17, 2025 3:20 pm PST by
Apple provided developers with the third beta of an upcoming iOS 26.2 update, and there are still new features that are being added with each beta that we get. We've rounded up all of the changes that Apple made in beta 3. AirDrop Apple added new AirDrop functionality, providing a way for two people to share files temporarily without having to add one another as contacts. iOS 26.2...
applecare apple care banner

Apple Brings New AppleCare+ Options to India

Tuesday November 18, 2025 8:42 am PST by
Apple today announced an expansion of AppleCare+ coverage in India, with new options for monthly and annual plans, and the addition of Theft and Loss for iPhone for the first time. Options for monthly and annual AppleCare+ plans in India provide more choice and flexibility, allowing users to keep coverage for as long as they require. Apple's vice president of Worldwide iPhone Product...
Apple Wallet ID Illinois

iPhone Driver's License Feature Launching in Illinois

Tuesday November 18, 2025 8:47 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Starting this Wednesday, November 19, the feature will be available to residents of Illinois. The announcement confirmed that the...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Wednesday November 19, 2025 4:00 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
iPhone 17 Pro and Air N1 Feature

iPhone 17 vs. iPhone 16 Wi-Fi Speeds: New Study Reveals the Winner

Tuesday November 18, 2025 10:53 am PST by
A new study has revealed that the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air achieve significantly faster average Wi-Fi speeds compared to the iPhone 16 series, thanks to Apple's custom-designed N1 chip. The study was conducted by Ookla, the company behind the popular Speedtest website and app. It said the results are based on global, crowdsourced Speedtest user data...
Magic Keyboard Touch ID Feature

Apple Releases New Firmware for 140W USB-C Power Adapter, Magic Keyboard and Magic Trackpad

Tuesday November 18, 2025 1:05 pm PST by
Apple today released updated firmware for several accessories, including the 140W USB-C Power Adapter, the Magic Trackpad 2, the Magic Trackpad USB-C, the Magic Keyboard with Touch ID, and the Magic Keyboard with Touch ID and Numeric Keypad. There is no word on what's included in the updated firmware at this time, but it could offer performance improvements and security updates. Accessory...
macbook black friday

The Best Early Black Friday Mac Deals

Tuesday November 18, 2025 7:32 am PST by
We're getting closer to Black Friday, which lands next week on Friday, November 28. In the lead-up to the shopping holiday, we're tracking a few lowest-ever prices on Apple's most popular Macs, including the M4 MacBook Air and brand new M5 MacBook Pro. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment,...
Apple Sports App Preview Feature

Apple Sports App on iPhone Now Available in More European Countries

Monday November 17, 2025 6:27 am PST by
The free Apple Sports app on the iPhone was released in additional European countries today, including Belgium, Croatia, Czechia, the Netherlands, Luxembourg, Poland, Hungary, Denmark, Finland, Norway, Sweden, Switzerland, Slovakia, Slovenia, Serbia, Greece, Estonia, Latvia, Romania, Ukraine, and others. The app was already available in the U.S., the U.K., Canada, Austria, France, Germany,...
best early black friday deals

Best Black Friday Apple Deals Live Now - Save on AirPods, iPads, and Apple Watches

Saturday November 15, 2025 1:45 pm PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...

Top Rated Comments

ArPe Avatar
68 months ago
Epic likes to portray itself as an underdog and Robin Hood figure and appeals to writers of yellow journalism to attack Apple. But let’s take a look at the facts.

Apple is owned by thousands upon thousands of shareholders round the world, many of them moms and pops waiting to retire. Tim Apple is worth only about $1 billion and is one of the most frugal CEOs in the world.

Epic is largely owned by giant monopoly Tencent that is only answerable to the CCP. It’s CEO Tim Swiney is said to be worth about $30 billion. That’s 30 times more than the best CEO on the planet.

So who is the bad guy here? Apple who created a platform and SDK that revolutionized the global economy or this game developer who only created a game engine and are trying to get a free ride so that Tim Swiney and Tencent can fill their pockets and help China circumvent bans on spyware apps like WeChat and TikTok?
Score: 57 Votes (Like | Disagree)
farewelwilliams Avatar
68 months ago
Epic playing Fortnite while Apple is playing Counter-Strike
Score: 57 Votes (Like | Disagree)
_Refurbished_ Avatar
68 months ago
They should just settle this in Fortnite. Tim, Phil, and Craig vs. Sweeney. Just Sweeney. Winner gets a chicken dinner at KFC.
Score: 37 Votes (Like | Disagree)
WiseAJ Avatar
68 months ago
Epic backlash against Epic. They really wanted to bite the hand that fed them, (several times too).
Score: 33 Votes (Like | Disagree)
matt_and_187_like_this Avatar
68 months ago
Wow, this official statement sounds like any rant in macrumor's comment section.
Score: 32 Votes (Like | Disagree)
tRYSIS3 Avatar
68 months ago
Shouldn't have bitten more than they can chew
Score: 31 Votes (Like | Disagree)