The company behind the video game Fortnite has won a Federal Court lawsuit against Apple and Google.
Epic Games launched a legal challenge against the American tech giants over in-app purchases, alleging anti-competitive conduct.
The company called the outcome a “win for developers and consumers in Australia.”
Fortnite will return to Australian app stores “at a date to be determined.”
Lawsuit
Free and paid apps may include optional paid elements called in-app purchases.
Users are typically only able to make these purchases with the app store’s built-in payment processor.
Google and Apple take a commission of up to 30% on those purchases.
In 2020, Epic Games developed its own direct payment option that would have allowed users to make in-app purchases at a discount. Apple and Google responded by removing Fortnite from their app stores, prompting Epic to file legal proceedings.
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In its lawsuits, Epic claimed the move breached Australian competition and consumer law by imposing high in-app purchase fees.
This week, the Federal Court handed down rulings on both cases simultaneously.
Judge Jonathan Beach found that Google and Apple’s in-app purchase policy “is likely to have had the effect of substantially lessening competition in such markets.”
However, Beach dismissed Epic’s claims that the companies had acted in an “unconscionable” manner.
Responses
In a post to social media, Epic Games CEO Tim Sweeney celebrated the outcome, saying: “Fortnite will return to the Land Down Under.”
In a statement to the ABC, Google acknowledged the decision and disagreed with the “court’s characterisation of our billing policies and practices.”
Apple echoed the sentiment, saying it “continuously invests and innovates” its App Store to make it “a great business opportunity for developers.”
