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Fortnite creator Epic Games has handed over its battle against Apple to EU antitrust regulators after failing to sue in a U.S. court over a dispute over the iPhone payment system in the App Store and control over downloading apps .
The two companies have been embroiled in a legal dispute since August last year when game maker Apple tried to circumvent Apple’s 30% fee on some in-app purchases in the App Store by launching its own in-app payment system.
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Apple has kicked off Epic’s Fortnite game from the App Store and threatened to terminate an affiliate account that would effectively block the distribution of Unreal Engine, a software tool used by hundreds of app makers to create games.
Epic Games founder and CEO Tim Sweeney said Apple’s control of its platform had tipped the playing field.
“The 30% they charge as their app tax, they can make it 50% or 90% or 100%. According to their theory on how these markets are structured, they have every right to do so,” he told reporters said.
“Epic is not asking any court or regulator to change this 30% to another number, but only to restore competition on iOS,” he said, referring to Apple’s mobile operating system.
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The company also accused Apple of not launching its own game subscription service on their platform by preventing competitors from merging multiple games – if its own service, called Apple Arcade, did.
Apple said that its rules apply equally to all developers and that Epic has violated them.
| Ticker | Safety | Last | Alter | Alter% |
|---|---|---|---|---|
| AAPL | APPLE INC. | 133.19 | -2.18 | -1.61% |
“In a way that a reviewer described as misleading and clandestine, Epic activated a feature in its app that was not reviewed or approved by Apple, and they did so with the express intent of following the App Store guidelines. violate what applies equally to every developer and protect customers, ”reads the company’s statement.
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“Their reckless behavior has made customers pioneers, and we look forward to making that clear to the European Commission,” he said.
The Commission, which is investigating Apple’s mobile payment system Apple Pay and the App Store, declined to comment on the complaint, saying it is aware of concerns about Apple’s App Store rules.
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Epic Games also complained to the UK Competition Appeal Tribunal and the Australian Watchdog, claiming damages at the same time. It did not ask the EU enforcers for damages.
(Reported by Foo Yun Chee; edited by Barbara Lewis)