Apple terminates Epic Games’ Developer Account calling them “untrustworthy”

Apple delays Epic Games’ iOS storefront by terminating their developer account

Thanks to the EU’s Digital Markets Act (DMA), Apple are forced to allow third-party app stores on iOS. Hoping to capitalise on this, Epic Games started work on bringing their Epic Games Store to iOS. This move would allow them to bring Fortnite back to iOS. Now, Apple has stalled these efforts by terminating Epic Games’ Epic Games AB developer account.

Apple has terminated Epic Games’ developer account and called the company “verifiably untrustworthy”. Apple has stated that they are “contractual right” to terminate its developer agreement with Epic Games. The company also cited Tim Sweeney comments on X as evidence that Epic Games would not abide by their developer agreement with Apple. Note that Epic Games has not done anything wrong, Apple merely believes they will do something against their developer agreement.

Epic Games has responded to this termination by writing a blog post on their website. Here, Epic states that Apple are punishing them for speaking out against “Apple’s unfair and illegal practices”. They have also stated that Apple are working against the intention of the EU’s DMA laws.

The DMA requires Apple to allow third-party app stores, like the Epic Games Store. Article 6(4) of the DMA says: “The gatekeeper shall allow and technically enable the installation and effective use of third-party software applications or software application stores using, or interoperating with, its operating system and allow those software applications or software application stores to be accessed by means other than the relevant core platform services of that gatekeeper.”

In terminating Epic’s developer account, Apple is taking out one of the largest potential competitors to the Apple App Store. They are undermining our ability to be a viable competitor and they are showing other developers what happens when you try to compete with Apple or are critical of their unfair practices.

If Apple maintains its power to kick a third party marketplace off iOS at its sole discretion, no reasonable developer would be willing to utilize a third party app store, because they could be permanently separated from their audience at any time.

Has their Epic Games ban placed Apple in violation of the DMA?

Despite the EU’s DMA law, Apple appears to be more than willing to prevent rival app stores from appearing on iOS. If Apple can take down one storefront at their own digression, why can’t they do it to others? Thanks to Fortnite, Epic Games has the potential to become a major App Store competitor on iOS. If Apple can ban them for something as simple as untrustworthy behaviour, what’s stopping them from taking down smaller competitors?

At this time it is unknown how Epic will respond to their developer account termination. They may be forced to take legal action against Apple in Europe to secure their rights to launch their competing app store. Perhaps this is Apple’s tactic here. By forcing a legal battle, Apple may delay the arrival of competing storefronts on their app store for several years. That would allow Apple to maintain their app store monopoly, which could be worth more to them than any amount of legal fees.

Epic Games wants to bring true app store competition to iOS. With Fortnite becoming an exclusive app for their Epic Games Store, Epic Games could quickly gain a lot of market share on iOS. Apple doesn’t want their app store monopoly to end, giving them a clear reason to delay Epic’s app store in any way they can.

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