Epic Games vs. Apple Judgment Allows App Store Developers to Link to Alternative Payment Methods

A decision was reached today in the high-profile Epic Games v. Apple trial, with U.S. District Judge Yvonne Gonzalez Rogers ruling that Apple's anti-steering conduct is anti-competitive, and ruling in favor of Apple on all other counts.

app store blue banner epic 1
In a 185-page ruling, Judge Rogers said "the Court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws," but she said the trial "did show that Apple is engaging in anticompetitive conduct under California's competition laws." Rogers concluded that "Apple's anti-steering provisions hide critical information from consumers and illegally stifle consumer choice":

Having defined the relevant market as digital mobile gaming transactions, the Court next evaluated Apple's conduct in that market. Given the trial record, the Court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws. While the Court finds that Apple enjoys considerable market share of over 55% and extraordinarily high profit margins, these factors alone do not show antitrust conduct. Success is not illegal. The final trial record did not include evidence of other critical factors, such as barriers to entry and conduct decreasing output or decreasing innovation in the relevant market. The Court does not find that it is impossible; only that Epic Games failed in its burden to demonstrate Apple is an illegal monopolist.

Nonetheless, the trial did show that Apple is engaging in anticompetitive conduct under California's competition laws. The Court concludes that Apple’s anti-steering provisions hide critical information from consumers and illegally stifle consumer choice. When coupled with Apple's incipient antitrust violations, these anti-steering provisions are anticompetitive and a nationwide remedy to eliminate those provisions is warranted.

Judge Rogers thus issued a permanent injunction that requires Apple to let U.S. developers direct customers to payment options other than Apple's in-app purchase system:

Apple Inc. and its officers, agents, servants, employees, and any person in active concert or participation with them ("Apple"), are hereby permanently restrained and enjoined from prohibiting developers from (i) including in their apps and their metadata buttons, external links, or other calls to action that direct customers to purchasing mechanisms, in addition to In-App Purchasing and (ii) communicating with customers through points of contact obtained voluntarily from customers through account registration within the app.

Apple already announced last week that, starting in early 2022, it would allow developers of "reader" apps like Netflix, Spotify, and the Amazon Kindle app to include an in-app link to their website for users to set up or manage an account. If this ruling is upheld, however, Apple will be required to extend this allowance to all types of apps. The ruling also ensures that developers would be able to explicitly mention alternative payment options.

The saga began in August 2020, when Apple removed Fortnite from the App Store after Epic Games introduced a direct payment option in the app, in defiance of the App Store rules. In an orchestrated move, Epic Games promptly filed a lawsuit against Apple, accusing Apple of having a monopoly over the sale of apps and in-app purchases through the App Store. (See our timeline of events surrounding the trial for more details.)

Judge Rogers ruled that Epic Games shall pay damages equal to 30% of the $12,167,719 in revenue that Epic Games collected from users in the Fortnite app on iOS through the direct payment option between August 2020 and October 2020, plus 30% of any such revenue Epic Games collected from November 1, 2020 through the date of judgment, plus interest.

Apple is likely to appeal the decision. We've reached out to the company for comment and we will update this story if we hear back.

Update: Apple has issued the following statement, as shared by Nick Statt:

Today the Court has affirmed what we've known all along: the App Store is not in violation of antitrust law. As the Court recognized 'success is not illegal.' Apple faces rigorous competition in every segment in which we do business, and we believe customers and developers choose us because our products and services are the best in the world. We remain committed to ensuring the App Store is a safe and trusted marketplace that supports a thriving developer community and more than 2.1 million U.S. jobs, and where rules apply equally to everyone.

The court documents associated with the ruling are embedded below.

Top Rated Comments

JPack Avatar
33 months ago
Common sense decision by judge.

But there are far too many Stockholm syndrome posters here trying to defend Apple.
Score: 53 Votes (Like | Disagree)
mrat93 Avatar
33 months ago
Apple: *loses for the third time this month*

MR users: hahaha Epic is so pathetic. can’t wait for Apple to CRUSH them
Score: 45 Votes (Like | Disagree)
GizmoDVD Avatar
33 months ago
Really bad outcome for Epic. They wanted to be able to add their own store and collect 100% off everything and now they get...nothing.

To buy an app or iAP, its a tap of the button through Apple. This new way means for Epic, people would have to click a link, get re-directed to a website, enter in their credit card info (setup an account?) all for maybe a small discount

Epic wanted it side-by-side.

Huge massive blow to Epic, who also now owes millions to Apple.
Score: 44 Votes (Like | Disagree)
B-Mc-C Avatar
33 months ago
Surprised nobody is reporting that Apple is permitted to terminate Epic’s primary and subsidiary developer accounts. No more Fortnite on the App Store, no more development of Unreal Engine. Love it! See page 180 of the ruling, attached here.

Attachment Image
Score: 29 Votes (Like | Disagree)
Khalmoon Avatar
33 months ago
Apple should put a game in the epic game store, and then demand that Apple pay be an option for payment on that game.
Score: 23 Votes (Like | Disagree)
ugahairydawgs Avatar
33 months ago
Seems like the obvious middle ground. No alternate app stores (and the security issues that come with them), but instead a way to link out for payments that will likely only benefit the big fish (Amazon, Netflix, Disney, etc). For most users and small developers I don't know if this will change a lot.
Score: 19 Votes (Like | Disagree)

Popular Stories

reset password request iphone

Warning: Apple Users Targeted in Phishing Attack Involving Rapid Password Reset Requests

Tuesday March 26, 2024 4:34 pm PDT by
Phishing attacks taking advantage of Apple's password reset feature have become increasingly common, according to a report from KrebsOnSecurity. Multiple Apple users have been targeted in an attack that bombards them with an endless stream of notifications or multi-factor authentication (MFA) messages in an attempt to cause panic so they'll respond favorably to social engineering. An...
Generic iOS 18 Feature Purple

iOS 18: What to Expect From 'Biggest' Update in iPhone's History

Wednesday March 27, 2024 11:10 am PDT by
At least some Apple software engineers continue to believe that iOS 18 will be the "biggest" update in the iPhone's history, according to Bloomberg's Mark Gurman. Below, we recap rumored features and changes for the iPhone. "The iOS 18 update is expected to be the most ambitious overhaul of the iPhone's software in its history, according to people working on the upgrade," wrote Gurman, in a r...
maxresdefault

Apple to Launch New iPad Pro and iPad Air Models in May

Thursday March 28, 2024 11:07 am PDT by
Apple will introduce new iPad Pro and iPad Air models in early May, according to Bloomberg's Mark Gurman. Gurman previously suggested the new iPads would come out in March, and then April, but the timeline has been pushed back once again. Subscribe to the MacRumors YouTube channel for more videos. Apple is working on updates to both the iPad Pro and iPad Air models. The iPad Pro models will...
maxresdefault

Apple Announces WWDC 2024 Event for June 10 to 14

Tuesday March 26, 2024 10:02 am PDT by
Apple today announced that its 35th annual Worldwide Developers Conference is set to take place from Monday, June 10 to Friday, June 14. As with WWDC events since 2020, WWDC 2024 will be an online event that is open to all developers at no cost. Subscribe to the MacRumors YouTube channel for more videos. WWDC 2024 will include online sessions and labs so that developers can learn about new...
apple maps 3d feature

Apple Maps May Gain Custom Routes With iOS 18

Tuesday March 26, 2024 3:10 pm PDT by
Apple may be planning to add support for "custom routes" in Apple Maps in iOS 18, according to code reviewed by MacRumors. Apple Maps does not currently offer a way to input self-selected routes, with Maps users limited to Apple's pre-selected options, but that may change in iOS 18. Apple has pushed an iOS 18 file to its maps backend labeled "CustomRouteCreation." While not much is revealed...
General iOS 17 Feature Orange Purple

Apple Releases Revised Versions of iOS 17.4.1 and iPadOS 17.4.1 With Updated Build Number

Wednesday March 27, 2024 5:59 am PDT by
Apple on late Tuesday released revised versions of iOS 17.4.1 and iPadOS 17.4.1 with an updated build number of 21E237, according to MacRumors contributor Aaron Perris. The updates previously had a build number of 21E236. The revised updates are available for all iPhone and iPad models that are compatible with iOS 17 and iPadOS 17, but they can only be installed via the Finder app on macOS...
applephilschiller

Apple's Phil Schiller Works 80 Hours a Week Overseeing App Store

Wednesday March 27, 2024 2:03 pm PDT by
With the App Store and app ecosystem undergoing major changes in the European Union, The Wall Street Journal today shared a profile on App Store chief Phil Schiller, who is responsible for the App Store. Though Schiller transitioned from marketing chief to "Apple Fellow" in 2020 to take a step back from Apple and spend more time on personal projects and friends, he is reportedly working...