Epic's plans to release its third-party app store on iOS in the European Union may run into trouble after Apple terminated the developer account it planned to use. in Blog post published todaythe company shared a letter sent by Apple's lawyers, which called Epic “verifiably untrustworthy” and said Apple did not believe Epic would adhere to its contractual obligations under its developer agreement.
“Please be advised that Apple has terminated, effective immediately, your developer program membership in Epic Games Switzerland AB,” the letter, dated March 2, said. It refers to Apple's “contractual right” to terminate its developer software license agreement with the company in Apple's “sole discretion.”
While Apple's termination of the developer account impacts Epic's plans to launch its own App Store on iOS, Epic CEO Tim Sweeney suggested in a press conference that Epic could still bring… fortnite Back to iOS via another company's app store in the EU.
The exchange followed Apple's announcement of plans to allow third-party app stores on iOS in the European Union as a result of the bloc's new Digital Markets Law, which comes into effect this week. Epic quickly announced plans to launch a game store on iOS as a result of the changes and reboot fortnite on the platform after it was removed in 2020. It announced that it had acquired a developer account for Epic Games Switzerland on February 16, overturning Apple's ban along with fortnite's Removal.
In a February 23 email shared by Epic Games, Apple's Phil Schiller contacted Sweeney to ask for a “written guarantee” that Epic Games “will honor its commitments.” Schiller cited concerns about Sweeney's public statements about Apple's DMA compliance plan and the fact that Epic violated its agreement with Apple in 2020 by adding third-party payment support to fortnite on iOS, resulting in its removal from the App Store. “In clear and unqualified terms, please tell us why we should trust Epic this time,” Schiller’s email concludes.
Sweeney responded the same day. “Epic and its affiliates act in good faith and will abide by all terms of existing and future agreements with Apple, and we will be happy to provide Apple with any additional specific assurances regarding the subject matter it seeks,” Sweeney wrote. .
“Please note that Apple has terminated, effective immediately, Epic Games Switzerland AB's developer program membership.”
Then, on March 2, Apple's lawyers sent a letter to Epic to say that the iPhone maker had terminated Epic Games Switzerland's developer account. “In the past, Epic has misrepresented Apple's developer terms, including the Developer Software License Agreement (DPLA), as a prelude to breaching them,” the letter said. “Given this pattern, Apple recently reached out directly to Mr. Sweeney to give him an opportunity to explain why Apple should trust Epic this time and allow Epic Games Switzerland AB to become an active developer. Mr. Sweeney’s response to this request was completely inadequate and not credible.”
The letter also refers to February 26th Share X from Sweeney And “a recent filing in the Australian lawsuit” Apple said it was concerned that Epic Games Switzerland “does not intend to adhere to its contractual obligations to Apple and is in fact a means of manipulating proceedings in other jurisdictions.” In a briefing with reporters, Corey Wright, Epic's vice president of public policy, said Epic's filing in the Australian lawsuit amounts to confirmation of its public plans to launch an app store in the European Union as a result of the DMA.
At the press conference, Sweeney said Epic had not received any communication from Apple between Schiller's email and the letter from Apple's lawyers, and said he was willing to provide “any assurance they wish” to adhere to the contractual agreement. When asked if Epic plans to adhere to Apple's developer terms despite Sweeney's public criticism of its policies, Sweeney replied: “Yes, absolutely.”
In its blog post, Epic accused Apple of “eliminating one of the largest potential competitors to the Apple App Store” and “undermining” [its] The ability to be a valid competitor,” and “show other developers what happens when you try to compete with Apple or when you criticize their unfair practices.”
Sweeney strongly criticized how the iPhone maker implemented changes to iOS under the DMA, calling it “a new example of harmful compliance” and “hot garbage.” He said Apple “is forcing developers to choose between App Store exclusivity and Store Terms, which would be illegal under the DMA, or accept a new, also illegal, anticompetitive scheme full of new unwanted fees on downloads and new Apple taxes on payments they don't make.” practical.”
In particular, Apple's critics have objected to its plans to impose a “core technology fee” of 50 cents for each annual app installation after the first million downloads in the EU, which can add up quickly for large developers.
Epic's blog post concludes by saying that the developer plans to “continue the fight to bring real competition and choice to iOS devices in Europe and around the world.” Epic's Wright confirmed that the company informed the European Commission of the fact that Apple had terminated its developer account. “Clear non-compliance must be punished quickly and swiftly,” Sweeney said at a news conference.
Screenshots of the three written exchanges with Apple that were shared by Epic Games can be found below:
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