Epic Games Unlikely to Win Injunction in Ongoing Fortnite Battle With Apple, Jury Trial Possible - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Epic Games Unlikely to Win Injunction in Ongoing Fortnite Battle With Apple, Jury Trial Possible

The ongoing legal dispute between Apple and Epic Games continued on today, with a preliminary injunction hearing taking place this morning. We're still waiting to hear the judge's official ruling, but it looks like Epic is not going to be granted an injunction to allow Fortnite back into the App Store as the case unfolds.

fortnite apple logo 2
Many of the arguments that lawyers for Apple and ‌Epic Games‌ made were similar to the original arguments made in the hearing for the temporary restraining order, which did not exactly go in Epic's favor as Judge Yvonne Gonzalez Rogers, who is overseeing the case, declined to order Apple to allow Fortnite back into the store at that time.

‌Epic Games‌ continued to argue that Apple has an ‌App Store‌ monopoly and charges excessive fees, but the judge pointed out that the 30 percent rate that Apple collects is the "industry rate" collected by PlayStation, Xbox, Nintendo, Amazon, Walmart, Best Buy, Google, and more. "It's all 30 percent and you just want to gloss over it," the judge said to Epic's lawyers.

In response, Epic claimed that consoles are "different" because the hardware is sold at a loss, but the judge was unconvinced. "There doesn't seem to be evidence supporting what you're saying," she said.

Epic said that it wants to create its own store to distribute apps on iOS, but Apple's anticompetitive behavior prohibits it. In response, Apple's lawyers said the request was an indictment of Apple's "entire business model" focused on the "safety, security, and privacy of its users."

Judge Rogers questioned Epic on when, exactly Apple became a monopoly given that its ‌App Store‌ rules have remained unchanged since the ‌App Store‌ launched, which Epic had no solid answer for, responding only that it was a monopoly when Fortnite came to iOS in 2018. She also said that walled gardens have existed for four decades and that what Apple's doing isn't too different. "They created a platform," she said.

She also reiterated that ‌Epic Games‌ made a "calculated decision" to defy Apple's ‌App Store‌ rules, and the court doesn't provide injunctions for contractual disputes. Epic was "not forthright," she said. "There are people in the public who consider you guys heroes for what you did, but it's not honest."

There was a suggestion that the 30 percent fee Epic is meant to be paying Apple could be put into an escrow account that would be doled out at the end of the legal dispute, which is one potentially way that Fortnite could make it back into the ‌App Store‌ in the near future, but it's not clear if the two companies will agree to that.

As noted by CNET, Judge Gonzalez Rogers recommended that Apple and ‌Epic Games‌ consider a trial by jury, which would ensure that the final judgement is better able to stand up to a future appeal. Apple and Epic will need to request the jury trial, however. Regardless of whether there is a trial by jury, the full case is expected to be heard in July 2021.

Popular Stories

iOS App Store General Feature Black

Apple Ordered to Open iPhone to Rival App Stores in Australia

Wednesday October 21, 2026 10:41 pm PDT by
Australia's Federal Court today ordered Apple to allow competing app stores, direct app downloads, and alternative payment services for Australian users from March 1, 2027. The orders follow the court's August 2025 finding that Apple misused its market power by restricting app distribution and payment options. They cover users whose Apple Account region is Australia, with Apple Developer...
Apple vs DOJ Feature

Developers Question Scope of Potential Apple Antitrust Settlement

Friday October 16, 2026 6:41 am PDT by
Developers are questioning whether a settlement of the U.S. government's antitrust case against Apple would meaningfully loosen the company's control over the iPhone, according to The Information. The report highlights PayPal and Epic Games among the companies that have raised concerns with the Department of Justice (DOJ). Officials have reportedly indicated that they favor a negotiated...
fortnite apple logo 2

Fortnite Returning to Australian App Store After Court Ruling

Wednesday October 21, 2026 10:55 pm PDT by
Fortnite will return to Australia's App Store today, Epic Games told Reuters, after a federal court ordered Apple to allow eligible Epic apps back onto the store. Australia was the only country excluded when Fortnite returned to the App Store worldwide in May. Epic held off while seeking further court orders addressing Apple's payment terms. The requirement to process Epic's compliant...

Top Rated Comments

80 months ago
Epic games deserved it.

This is awesome news for indie developers that rely on the 30% to pay for a variety of developer services that Epic doesn't want to pay. People that are rooting for third party stores and/or Epic completely fail to realize this.
Score: 60 Votes (Like | Disagree)
Realityck Avatar
80 months ago
I think the judge knows that EPIC could have contested things differently without their open defiance stance. All they did was alienate all their Apple consumers, good luck getting that back.
Score: 44 Votes (Like | Disagree)
80 months ago
This should not be a surprise to anyone who's got even a basic understanding of the case.

However I'm awaiting the howls of "unfair!" from those who worship at the altar of Epic and still think that Epic are still doing this to support and help the indie developers...
Score: 37 Votes (Like | Disagree)
az431 Avatar
80 months ago


Judge Rogers questioned Epic on when, exactly Apple became a monopoly given that its App Store rules have remained unchanged since the App Store launched . . . .
The day that Epic decided that 70% wasn't enough.
Score: 34 Votes (Like | Disagree)
WiseAJ Avatar
80 months ago
I read a twitter thread of the hearing. Epic really doesn't seem at all prepared for this even though they are the ones that asked for it. I think they just assumed that it would be easy and they wouldn't have to provide any real evidence and just say "Apple is a Monopoly" several times.

I also love how the judge commented how no one is entitled to make billions of dollars.
Score: 31 Votes (Like | Disagree)
cmaier Avatar
80 months ago
Judge Rogers was not buying what Epic was selling. She gave their lawyers a very hard time.
Score: 30 Votes (Like | Disagree)
Latest Stories
Nearly Every M5 MacBook Air Now $200 Off on Amazon
Nearly Every M5 MacBook Air Now $200 Off on Amazon
16 minutes ago
Apple's HomeView Ships With Six-Month-Old Software
Apple's HomeView Ships With Six-Month-Old Software
2 hours ago
Three New iPads Rumored to Launch in First Half of 2027
Three New iPads Rumored to Launch in First Half of 2027
2 hours ago
Apple Offers Steps to Fix Daylight Saving Time Bug on Apple Watch
Apple Offers Steps to Fix Daylight Saving Time Bug on Apple Watch
6 hours ago
Apple Watch Ultra 4 Hits All-Time Low Price With Amazon's $99 Discount
Apple Watch Ultra 4 Hits All-Time Low Price With Amazon's $99 Discount
1 day ago
Reminder: Apple's Big Discount on Beats 360 Ear Cushions Ends Today
Reminder: Apple's Big Discount on Beats 360 Ear Cushions Ends Today
1 day ago
Here's a New Tour of Apple's HomeView Software
Here's a New Tour of Apple's HomeView Software
1 day ago
Apple Reveals New iPad Mini's Battery Capacity
Apple Reveals New iPad Mini's Battery Capacity
1 day ago
Top Stories: Apple's Big MacBook Pro, iPad mini and iMac Updates
Top Stories: Apple's Big MacBook Pro, iPad mini and iMac Updates
1 day ago
'Pluribus' Season 2 Reportedly Starts Production Today
'Pluribus' Season 2 Reportedly Starts Production Today
1 day ago
iPhone 18 Pro Sales Surge in China, Offsetting Decline in U.S. and Japan
iPhone 18 Pro Sales Surge in China, Offsetting Decline in U.S. and Japan
1 day ago
HomeView Software 27.2: Wallpapers, Control Center, and More
HomeView Software 27.2: Wallpapers, Control Center, and More
2 days ago
Apple Alerts Stores to iPhone Duo's Display Cracking Issue
Apple Alerts Stores to iPhone Duo's Display Cracking Issue
2 days ago
iOS 27.3 Will Enable These Apple Intelligence Features in China
iOS 27.3 Will Enable These Apple Intelligence Features in China
2 days ago
Apple Says iOS 27.3 Beta Coming Next Week
Apple Says iOS 27.3 Beta Coming Next Week
2 days ago
Apple's Flash Storage Suppliers Are Finally 'Getting Their Revenge'
Apple's Flash Storage Suppliers Are Finally 'Getting Their Revenge'
2 days ago
14 New Things Your iPhone Can Do in iOS 27.2
14 New Things Your iPhone Can Do in iOS 27.2
2 days ago
iPhone Duo Review: One Week Later
iPhone Duo Review: One Week Later
2 days ago
Samsung Mocks iPhone Duo Display Cracks in New Ad Campaign
Samsung Mocks iPhone Duo Display Cracks in New Ad Campaign
2 days ago
The MacRumors Show: OLED MacBook Pro, iPad Mini 8, and More
The MacRumors Show: OLED MacBook Pro, iPad Mini 8, and More
2 days ago
MacBook Pro With Touch Display: 15 More Details Revealed
MacBook Pro With Touch Display: 15 More Details Revealed
2 days ago
Russia Places Apple on State Surveillance Registry
Russia Places Apple on State Surveillance Registry
2 days ago
Halloween Weekend Brings Discounts on Apple Accessories and Pre-Orders
Halloween Weekend Brings Discounts on Apple Accessories and Pre-Orders
2 days ago
Apple Has Released More Than 25 New Products in the Past Two Months
Apple Has Released More Than 25 New Products in the Past Two Months
2 days ago
Local Code Launches as Free, Private AI Assistant Tool for Mac
Local Code Launches as Free, Private AI Assistant Tool for Mac
2 days ago
Apple Acquires Ascend.io
Apple Acquires Ascend.io
2 days ago
HomePod Mini 2 Launches Today: All the New Features
HomePod Mini 2 Launches Today: All the New Features
2 days ago
AirTag 2 4-Pack Drops to New Low Price of $69.99
AirTag 2 4-Pack Drops to New Low Price of $69.99
2 days ago
Rian Johnson's iPhone Camera App Goes Viral
Rian Johnson's iPhone Camera App Goes Viral
2 days ago
Where Did All the iPhone Duos Go? Mostly to Apple's Stores
Where Did All the iPhone Duos Go? Mostly to Apple's Stores
2 days ago

🔗 Related Apple News & Rumors

Stay updated with the latest Apple ecosystem news and verified rumors