An Epic reload: Fortnite fires back at iOS in Brazil

Epic Games is ‘dropping in’ to Brazil this July by bringing Fortnite to iOS through its very own app store. This comes after a recent ruling in Brazil, which requires Apple to allow sideloading – installing apps from sources other than the official App Store – within 90 days. If Apple fails to comply, it will face daily fines of BRL 250,000 (approximately £33,800).

In November 2024, Brazil’s Administrative Council for Economic Defence (CADE) began investigating Apple for suspected market dominance abuse and subsequently imposed an interim measure for Apple to inform users about alternative purchase options. Apple initially overturned this, but the measures were reinstated by Brazilian federal court this February, giving Apple 90 days to comply. We understand that Apple plans to appeal.

This decision is a major win for Epic in its broader strategy to challenge Apple’s app distribution model globally. The legal battle between the two companies has been ongoing since August 2020, when Apple removed Fortnite from its store after Epic deliberately violated Apple’s policies as part of its ‘#FreeFortnite campaign’, prompting Epic to file an antitrust suit in California. Apple was the overall winner in that particular case (see further here), although the parties have continued litigating about whether Apple has complied with the element of the ruling relating to alternative purchase mechanisms (see here and here). 

Over in Europe, last year, Epic was able to reinstate Fortnite on iOS and launch the Epic Games Store in the EU, following the enactment of the Digital Markets Act (DMA). 

The DMA requires Apple to allow third-party app stores and alternative payment methods, a significant shift for the biggest developers like Epic. The EC has very recently adopted two decisions against Apple under the DMA in relation to interoperability (here). 

The CADE ruling follows the EU’s lead and adds to the growing scrutiny of big technology companies by competition authorities. We note that in the UK, while the CMA closed its investigation into the Apple App Store, it did so with the intention of later making use of its new powers under the UK’s digital markets competition regime (here) and has subsequently begun an investigation into whether Apple has ‘strategic market status’ in the provision of its mobile ecosystem services (here).

However, if the latest twists and turns in the battle royale between Epic and Apple are anything to go by, we are still some way off a resolution of these sorts of digital markets issues. We will continue to watch with interest to see how these latest developments play out.