A U.S. District Court has found Apple Inc. in wilful violation of a 2021 injunction stemming from a legal battle with Epic Games, the developer behind the popular game "Fortnite". Judge Yvonne Gonzalez Rogers ruled that Apple deliberately obstructed the court's efforts to open the App Store to fair competition and referred the case to federal prosecutors to consider criminal contempt charges.
The original injunction was intended to prevent Apple from blocking developers from directing users to outside payment systems, a move aimed at reducing Apple’s control over app-based transactions and its commissions of up to 30%. Despite this, Judge Gonzalez Rogers stated that Apple imposed new restrictions and introduced a 27% commission on off-app purchases—practices she deemed anticompetitive.
The judge pointed to internal Apple documents showing a conscious decision to evade the injunction. She wrote that Apple executives discussed strategies to preserve their dominant position and that CEO Tim Cook ignored advice from within the company urging compliance. The court also found that Apple’s vice president of finance, Alex Roman, lied under oath.
In response, Apple issued a brief statement: “We strongly disagree with the decision. We will comply with the court's order and we will appeal.”
Tim Sweeney, CEO of Epic Games, celebrated the decision on social media and announced that 'Fortnite' would return to the U.S. iOS App Store next week. He also offered Apple a peace proposal: if Apple extends the commission-free framework globally, Epic would drop ongoing and future lawsuits on the issue.
This ruling represents a significant blow to Apple’s App Store practices and could influence regulatory approaches to digital marketplaces in the United States and abroad.