Apple Seeks Early Motion to Reject Epic's Claim It's Being Denied iOS Access

As part of the Apple vs. Epic Games legal battle, Apple has filed a motion asking for a judge ruling on one of the ten claims that ‌Epic Games‌ had made against it. Specifically, Apple is seeking a partial judgment on the claim that iOS is an "essential facility" and denies Epic's claim that it has been unlawfully barred from accessing it through the App Store.

fortnite apple featured
The claim, specified in court filings as Count 2, refers to Epic's argument that it's been denied access to iOS, which it claims is an "essential facility" due to the fact it's been blocked access to the ‌App Store‌. The Count specifically accuses Apple of violating Section 2 of the Sherman Act through "its unlawful denial to Epic and other app distributors of an essential facility—access to iOS."

Apple is asking the judge to move forward with a judgment due to Epic's lack of "factual, expert, or legal support for its theory of essential facility" and that it has practically given up on attempting to prove it. Apple also cites testimony from one of Epic's own witnesses, who said during the trial regarding the ‌App Store‌ that nothing they say is referencing anything that can be deemed an "essential facility."

Epic’s experts did not opine on whether iOS is an essential facility, or whether Epic has been denied access to iOS. Rather, Dr. Evans admitted in his written direct testimony that Epic and other developers are provided "access to the tools and permissions for writing iOS apps."

And on the stand, Dr. Evans admitted that he was not "expressing any opinion on anything termed an essential facility or anything related to an essential facility claim in this case."

In the court filing, Apple says that the iOS ‌App Store‌ can easily be replicated and duplicated, and per the court's own definition, iOS is not an essential facility. Apple goes on to say that essential means "essential" and not what's "best," "most profitable or preferable."

Apple removed Fortnite and stripped Epic of access to its developer account in August of last year after it violated ‌App Store‌ Guidelines. To the court, Apple reiterated that Epic has access to the ‌App Store‌, despite its claim it's been unlawfully stripped of access to an "essential facility," as long as it follows the same rules that all developers are adhered to.

Apple notes that ‌Epic Games‌ had full access to the app distribution platform before it began "Project Liberty," Epic's codename for its legal fight against Apple.

There is no dispute that Epic actually has access to iOS. Epic, like all other developers, may obtain "access to the tools and permissions for writing iOS apps," and may distribute those apps through iOS, by agreeing to the DPLA. And Epic clearly did (prior to Project Liberty) distribute its apps through iOS and the App Store. So do millions of other developers.

Apple says that ‌Epic Games‌' real argument is not that it is illegally being denied access to the ‌App Store‌ and iOS, but that instead it does not like the terms and conditions that developers must follow on the platform.

The Epic Games vs. Apple trial officially started on May 3, and Apple is asking that its request for a partial judgment be entrained on May 24 or as soon as the court may hear its request.

Popular Stories

iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching in Three Months With These 12 New Features

Saturday June 14, 2025 5:45 pm PDT by
The iPhone 17 Pro and iPhone 17 Pro Max are three months away, and there are plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of June 2025:Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone X through iPhone 14 Pro have a...
apple watch ultra 2 new black

Apple Watch Ultra 3 Finally Coming After Two-Year Hiatus

Monday June 16, 2025 8:45 am PDT by
Apple will finally deliver the Apple Watch Ultra 3 sometime this year, according to analyst Jeff Pu of GF Securities Hong Kong (via @jukanlosreve). The analyst expects both the Apple Watch Series 11 and Apple Watch Ultra 3 to arrive this year (likely alongside the new iPhone 17 lineup, if previous launches are anything to go by), according to his latest product roadmap shared with...
Logitech Logo Feature

Logitech Announces Two New Accessories for WWDC

Friday June 13, 2025 7:22 am PDT by
Alongside WWDC this week, Logitech announced notable new accessories for the iPad and Apple Vision Pro. The Logitech Muse is a spatially-tracked stylus developed for use with the Apple Vision Pro. Introduced during the WWDC 2025 keynote address, Muse is intended to support the next generation of spatial computing workflows enabled by visionOS 26. The device incorporates six degrees of...
iPadOS 26 App Windowing

Apple Explains Why iPads Don't Just Run macOS

Friday June 13, 2025 7:46 am PDT by
iPadOS 26 allows iPads to function much more like Macs, with a new app windowing system, a swipe-down menu bar at the top of the screen, and more. However, Apple has stopped short of allowing iPads to run macOS, and it has now explained why. In an interview this week with Swiss tech journalist Rafael Zeier, Apple's software engineering chief Craig Federighi said that iPadOS 26's new Mac-like ...
iphone 16 pro models 1

17 Reasons to Wait for the iPhone 17

Thursday June 12, 2025 8:58 am PDT 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 simultaneously, which is why we often get rumored features months ahead of launch. The iPhone 17 series is no different, and we already have a good idea of what to expect from Apple's 2025 smartphone lineup. If you skipped the iPhone...
terminal macos tahoe

Apple's Terminal App Gets Colorful Redesign in macOS Tahoe

Monday June 16, 2025 4:12 am PDT by
Apple's Terminal app is getting a visual refresh in macOS Tahoe, and it's the first notable design update since the command-line tool debuted. The updated Terminal will support 24-bit color and Powerline fonts, according to Apple's State of the Platforms presentation at WWDC25. The app will also adopt the new Liquid Glass aesthetic with redesigned themes that align with macOS 26's broader...
iOS 26 Feature

Apple Seeds Revised iOS 26 Developer Beta to Fix Battery Issue

Friday June 13, 2025 10:15 am PDT by
Apple today provided developers with a revised version of the first iOS 26 beta for testing purposes. The update is only available for the iPhone 15 and iPhone 16 models, so if you're running iOS 26 on an iPhone 14 or earlier, you won't see the revised beta. Registered developers can download the new beta software through the Settings app on each device. The revised beta addresses an...
apple watch ultra snow

6 Features Coming to the Apple Watch Ultra 3

Tuesday February 25, 2025 9:00 am PST by
The Apple Watch Ultra 3 is expected to launch later this year, arriving two years after the previous model with a series of improvements. While no noticeable design changes are expected for the third generation since the company tends to stick with the same Apple Watch design through three generations before changing it, there are a series of internal upgrades on the way. By the time the ...

Top Rated Comments

Your Royal Highness Avatar
53 months ago
Essentially, Apple is saying to developers if you don’t follow the rules off with your head! And I agree. It’s their platform, their tools, their store and their rules. Maybe Epic should invest in making their own platform.
Score: 32 Votes (Like | Disagree)
krewger Avatar
53 months ago
I don’t understand how this is any different than a physical retailer. You want a product on the shelves, the retailer needs to profit from selling your item. If you try to circumvent the retailer from making money in their own store by selling it out of your own truck in their parking lot, they have every right to stop selling your product in your store. And for all those who say, but it’s my device I should choose what’s on it! I want to play smash bros on my Xbox but I had to buy a switch to play smash bros. I’d love to bring my electrical devices from England and plug them in to a US socket too, but it’s the wrong voltage and frequency.
Score: 27 Votes (Like | Disagree)
stocklen Avatar
53 months ago
surely this sentence is the crux of the issue:

"Apple says that Epic Games' real argument is not that it is illegally being denied access to the App Store and iOS, but that instead it does not like the terms and conditions that developers must follow on the platform. "


Im sorry I dont care whose side you are on..... Epic has made millions using the iOS app store so far and signed up to the terms and conditions of using it. It can rejoin the platform tomorrow if it chooses to follow the same rules that all the other developers have to follow. Its not being denied anything apart from the ability to make even more money off the platform that it already did.
I know this has been mentioned but other platforms that Epic peddles its wares on.. such as Playstation, Xbox, Google etc etc all have their fees and terms for using that platform - why should Apple be any different and why should a company dictate what another company chooses to charge when they have the choice themselves to use or not use the service.
Score: 27 Votes (Like | Disagree)
coredev Avatar
53 months ago

Essentially, Apple is saying to developers if you don’t follow the rules off with your head!
More like Apple is saying if you don't want to play by the rules, go play somewhere else.
BTW the same thing happened to Epic on the Google Play Store. Go figure.
Score: 24 Votes (Like | Disagree)
BvizioN Avatar
53 months ago
Essential facility? Or Essential free money making platform that Epic wants it to be?
Score: 12 Votes (Like | Disagree)
stocklen Avatar
53 months ago

I don’t understand how this is any different than a physical retailer. You want a product on the shelves, the retailer needs to profit from selling your item. If you try to circumvent the retailer from making money in their own store by selling it out of your own truck in their parking lot, they have every right to stop selling your product in your store. And for all those who say, but it’s my device I should choose what’s on it! I want to play smash bros on my Xbox but I had to buy a switch to play smash bros. I’d love to bring my electrical devices from England and plug them in to a US socket too, but it’s the wrong voltage and frequency.
i agree

Im surprised at some of the anti-apple sentiment in here - especially for an Apple centric forum.

Im not defending apple as such... they are rich enough and make plenty of money to not need my defence...

However they created the iOS devices, they created the App store, and they set the terms for people to come in and use it to sell their software. Expensive? cheap? ive no idea but the developers go into it with eyes wide open and accepting the terms and conditions. In return they get the biggest global platform with the potential to earn millions in revenue - im pretty sure that Apple can and must charge what they like for the privilege.

Epic's behaviour has been childish - that anti apple ad was not just cobbled together and released the moment they ran into trouble.. no.. they preemptively picked this fight with apple... and apple made several attempts to appease the situation with the option of removing the developer account as the last resort and Epic dug their heels in and refused.

If I was Epic, and I really wanted this fight... then I would have at least acquiesced for the time being and left Fortnite on the app store without the rule-breaking code in it - and then picked the fight. They didn't do this and they are paying the price. Im pretty sure that Fortnite fans are getting their fix elsewhere on other platforms and Epic aren't really feeling much of a pinch here.
Score: 11 Votes (Like | Disagree)