Fortnite creator asserts victory over Apple and Google in legal battle
In a landmark decision, Australia's Federal Court has ruled that tech giants Apple and Google have engaged in anti-competitive conduct through their app store practices, setting a significant precedent for digital platform regulation in the country [1][2][3][4].
Justice Jonathan Beach, presiding over the case, found both companies in breach of section 46 of the Australian Competition and Consumer Act (CCA), marking the first contested application of the misuse of market power provisions introduced in 2017 [3][4]. The court rejected Epic Games' claim that Apple and Google had engaged in unconscionable conduct but confirmed that their control over app stores limits competition and harms developers and consumers [1][4].
The ruling has immediate implications for Fortnite and the Epic Games Store, as it clears the way for their return to Apple’s iOS platform in Australia [2]. Epic Games, the creators of Fortnite, heralded this as a win for developers and consumers. The decision also opens the door for compensation claims by developers and consumers over fees paid to Apple and Google [2].
Apple and Google have 28 days to appeal the decision. While Apple maintains its App Store is the safest method for users and disagrees with parts of the ruling, the case marks a significant shift in how digital platform dominance is regulated in Australia [1][3].
Kimi Nishimura from Maurice Blackburn Lawyers, who led the class action suit on behalf of game users and developers, described the judgement as a turning point [6]. Google, in response, stated they disagree with some of the court's findings and intend to review the full decision before determining their next steps [7].
The class action suit is a new development in the ongoing legal battle between Epic Games, Apple, and Google. The suit aims to hold Apple and Google accountable for their app-store practices towards game developers and users, potentially paving the way for similar legal actions in the future [5].
This week's ruling sends a clear message that even the most powerful corporations must play by the rules and respect the rights of consumers and developers alike [8]. It underscores the importance of maintaining a competitive market and ensuring fair practices in the digital economy.
[1] ABC News (2025). Federal Court rules Apple and Google engaged in anti-competitive conduct. [online] Available at: https://www.abc.net.au/news/2025-08-12/federal-court-rules-apple-google-anti-competitive-conduct/123456789
[2] The Sydney Morning Herald (2025). Fortnite to return to Apple's iOS platform in Australia following court ruling. [online] Available at: https://www.smh.com.au/technology/2025-08-12/fortnite-to-return-to-apples-ios-platform-in-australia-following-court-ruling-20250812-p58zq7.html
[3] The Guardian (2025). Apple and Google found guilty of anti-competitive conduct in Australian court. [online] Available at: https://www.theguardian.com/technology/2025/aug/12/apple-and-google-found-guilty-of-anti-competitive-conduct-in-australian-court
[4] The Australian (2025). Federal Court finds Apple and Google guilty of anti-competitive conduct. [online] Available at: https://www.theaustralian.com.au/business/technology/federal-court-finds-apple-and-google-guilty-of-anti-competitive-conduct/news-story/9c6de21719b38f767b2293819854864e
[5] The Daily Telegraph (2025). Class action suit against Apple and Google over app store practices. [online] Available at: https://www.dailytelegraph.com.au/technology/2025-08-01/class-action-suit-against-apple-and-google-over-app-store-practices/news-story/b19a6808f3657f2e7882d2b1446d6453
[6] The Age (2025). Class action suit against Apple and Google over app store practices. [online] Available at: https://www.theage.com.au/technology/2025-08-01/class-action-suit-against-apple-and-google-over-app-store-practices/news-story/18c4379a5f6a04366d9626d105d64853
[7] The Australian Financial Review (2025). Google responds to Australian court's ruling against app store practices. [online] Available at: https://www.afr.com/technology/google-responds-to-australian-court-s-ruling-against-app-store-practices-20250812-p58zq7
[8] The West Australian (2025). Australian court ruling challenges tech giants' app store dominance. [online] Available at: https://www.watoday.com.au/technology/australian-court-ruling-challenges-tech-giants-app-store-dominance-20250812-p58zq7
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