This new filing comes after Epic was partially denied a restraining order to try and force Apple to allow "Fortnite" back on the App Store, after a court found Epic had not demonstrated getting booted off the App Store would result in "irreparable harm".
"If Apple someday chooses to return to its roots building open platforms in which consumers have freedom to install software from sources of their choosing, and developers can reach consumers and do business directly without intermediation, then Epic will once again be an ardent supporter of Apple". For too long, developers have not spoken out because they fear Apple's retaliation. But Epic, like Spotify and others, see this as anti-competitive behavior on the part of Apple because iPhone users can only download apps from the App Store. It promptly kicked Fortnite out of the App Store, which set off what was apparently a premeditated campaign that included a video disparaging Apple's iconic 1984-themed Super Bowl commercial and an anti-trust lawsuit.
In its court filing, Epic says that its active iOS users have declined by over 60 percent since Fortnite was removed from the App Store.
"We are disappointed that we have had to terminate the Epic Games account on the App Store".
Epic also filed a preliminary injunction to prevent Apple from cutting the studio out of Apple's developer program.
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Apple pulled Fortnite from its online mobile apps marketplace on 13 August after Epic released an update that dodges revenue sharing with the iPhone maker.
This complaint invokes similar complaints to other developers who have accused Apple of behaving like "gangsters" through its control of the App Store. It meant Apple would not be forced to allow a game that breached its rules back into its App Store, but also that it couldn't block Epic's developer accounts - which would have had far-reaching implications for the games industry. Nor was she persuaded that Epic will suffer great harm from having Fortnite removed from the App Store. Apple and Google both took "Fortnite" off their storefronts citing guideline violations.
"Apple absolutely prohibits any competition in either market, leaving Apple free to impose distribution and processing terms unchecked by competitive forces", Epic states. Apple said it "won't make an exception".
A hearing conducted over Zoom is scheduled to take place on September 28th.
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