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Fortnite Returns to Apple App Store in U.S. After Nearly Five-Year Ban

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Epic Games’ Fortnite has officially returned to the Apple App Store in the United States, ending a nearly five-year absence triggered by a high-profile legal battle between the video game developer and the iPhone maker. The reinstatement marks a significant legal and strategic victory for Epic Games.

The return follows a federal court ruling on April 30 that found Apple in violation of a prior court order requiring it to enable more open competition in its App Store, particularly in how apps are downloaded and how in-app purchases are processed. The ruling also stated Apple failed to comply with an earlier injunction and would be referred to federal prosecutors for a criminal contempt investigation.

Apple has not publicly commented on the decision or Fortnite’s reappearance. Epic Games CEO Tim Sweeney simply posted: “We back fam” on X (formerly Twitter), signaling the game’s return.

Background: The Legal Dispute

The dispute began in 2020, when Epic attempted to bypass Apple’s up to 30% commission fee by implementing its own payment system within Fortnite. Apple responded by removing Fortnite from its App Store, prompting Epic to file an antitrust lawsuit.

While the case didn’t yield a full victory for Epic initially, recent court decisions have increasingly favored greater developer rights and payment flexibility, with potential implications far beyond gaming.

Implications for the App Ecosystem

At the time of its removal, Fortnite had over 116 million users on Apple devices alone. Its return, though symbolically important, may not fully recapture its previous popularity.

“This was a hard-fought win that carried a very steep price and may be too late to boost Fortnite, now past its prime,” said Gil Luria, analyst at D.A. Davidson.

However, the broader impact could be more significant. Michael Ashley Schulman, CIO at Running Point Capital Advisors, said the ruling opens the door for subscription-based platforms like Spotify and Netflix to improve their margins and for smaller developers to bypass Apple’s transaction fees altogether. This could lead to a reshaping of iOS economics over the next 12–18 months.

Current Availability

Fortnite is already available on Android devices and iPhones in the European Union, where digital market regulations have forced more openness. In addition to Apple’s App Store, Fortnite is also accessible via the Epic Games Store and AltStore in the EU.

The game’s return to U.S. iPhones signifies not just a platform comeback, but also a critical turning point in the ongoing debate over digital platform control, developer rights, and app store economics.

FTC Appoints Former Heritage Foundation Tech Policy Expert as Chief Technology Officer

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The U.S. Federal Trade Commission (FTC) has appointed Jake Denton, a former tech policy researcher from the conservative Heritage Foundation, as its new chief technology officer. Denton, who graduated from American University in 2021, shared the news of his appointment on X on Monday. He replaces Stephanie Nguyen, who served in the role since 2022 under former FTC Chair Lina Khan.

The FTC introduced the role of chief technologist during the Obama administration to offer guidance on emerging technology policy issues, with a focus on digital markets, competition, and consumer protection. Denton’s appointment comes as Andrew Ferguson begins his tenure as the new chairman of the FTC. Ferguson has voiced concerns about the dominance of Big Tech companies but has also cautioned against over-regulating the tech industry in a way that might hinder U.S. innovation.

Denton has previously expressed his views on artificial intelligence (AI) policy, calling for Congress to pass AI legislation in a Fox News interview in July 2023. In an opinion piece co-authored with Kara Frederick, the Heritage Foundation’s tech policy director, Denton emphasized the need for the U.S. and its allies to take a leading role in setting international AI standards. They warned that if democracies don’t write the rules for emerging technologies like AI, authoritarian regimes may take the lead in shaping them.

Before joining the Heritage Foundation, Denton interned in Congress and completed a fellowship with the Federalist Society. His appointment signals the FTC’s continued focus on regulating emerging technologies like AI and digital markets, areas where the agency has launched investigations in the past under Chair Khan, particularly into AI partnerships such as Microsoft’s and OpenAI’s collaboration.

It remains to be seen whether Ferguson, along with Denton, will continue investigations into Big Tech, including ongoing probes into Microsoft and OpenAI’s potentially anticompetitive conduct and whether OpenAI violated consumer protection laws. The FTC is also preparing for a high-profile trial in April over Meta Platforms’ acquisitions of Instagram and WhatsApp, and continues to pursue legal action against Amazon over alleged anti-competitive practices.

UK Anti-Trust Regulator to Launch Two Investigations Under New Digital Markets Powers

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Britain’s anti-trust regulator, the Competition and Markets Authority (CMA), has announced it will initiate two investigations this month under its newly granted powers aimed at overseeing the country’s largest tech firms. These powers, introduced as part of the UK’s Digital Markets regime, are designed to encourage investment, innovation, and market growth while ensuring fair competition within the digital sector.

Under the new framework, the CMA can designate firms as having “Strategic Market Status” (SMS), which applies to the most dominant tech companies in specific digital activities. The threshold for SMS status is high, meaning only the largest and most influential companies will be subject to such investigations.

In November, the CMA suggested that Apple could be stifling innovation in the smartphone browser market and indicated it might investigate the duopoly of Apple and Google in mobile ecosystems. The new regulatory powers came into effect this month, allowing the CMA to explore these concerns further.

The regulator confirmed it expects to launch two investigations this month, with more details to be provided in due course. A third investigation is slated to begin after approximately six months. Each investigation will have a statutory completion time of nine months.

The CMA’s investigations will likely focus on issues such as preventing dominant players from suppressing smaller competitors by prioritizing their own services, facilitating easier transitions between digital providers while retaining user data, and fostering competition to drive growth.

This move follows increased scrutiny of mergers and acquisitions post-Brexit, with the CMA now playing a more prominent role in regulating the tech sector. Prime Minister Keir Starmer urged the regulator in October to focus more on growth, with the new digital markets regime aimed at boosting the UK’s appeal to tech companies while ensuring consumers have access to competitive options at fair prices.