The quest for open digital ecosystems is a modern epic, fraught with legal battles, regulatory pronouncements, and the occasional game-changing victory. For Epic Games, the developer behind the global phenomenon Fortnite, this struggle is central to its business model and its vision for a more equitable app distribution landscape. After securing significant concessions in the United States and the European Union, Epic`s plans to reinstate Fortnite on iOS for its UK players have encountered a significant regulatory hurdle.
The UK Stalemate: A Deliberate Pace?
After celebrating victories that saw Fortnite return to iOS in the US via Apple`s App Store and pave the way for the Epic Games Store`s launch in the EU, Epic Games turned its attention to the United Kingdom. However, the UK`s Competition and Markets Authority (CMA) has, according to Epic, taken a rather leisurely approach to addressing what Epic views as entrenched mobile app monopolies. In a recent blog update, Epic expressed considerable disappointment with the CMA`s latest roadmap.
The core of Epic`s grievance lies in the CMA`s apparent deprioritization of app store competition. The CMA`s latest roadmap, or perhaps a suggestion for a very long-term plan, indicates that any meaningful action on opening up the mobile app landscape for alternative stores, such as the Epic Games Store, will only be considered in 2026. This timeline contrasts sharply with Epic`s four-year-long advocacy, during which the CMA itself had previously concluded that Apple`s App Store and Google Play Store operate as “parallel monopolies.” One might infer that `deprioritized` in regulatory jargon often translates to `we`ll get to it when we get to it, perhaps after a nice cup of tea and a biscuit.`
The Global Divide: A Tale of Two Strategies
This cautious stance in the UK stands in stark contrast to the more assertive regulatory actions seen elsewhere:
- European Union`s Digital Markets Act (DMA): The EU has been proactive, forcing tech giants like Apple to open their mobile ecosystems to third-party app stores. This legislative push has already led to the emergence of alternative stores in Europe, including AltStore and Aptoide, alongside Epic`s own anticipated launch of the Epic Games Store.
- United States Court Order: In the US, a recent court order against Apple has set a significant precedent. It specifically outlaws all fees and obstructions on apps that choose to direct customers to external payment services. This is a critical point for developers aiming to bypass the substantial commissions levied by platform holders.
These actions represent benchmarks for Epic, demonstrating that proactive regulation can indeed foster a more competitive environment for mobile applications and services.
The “Malicious Compliance” Concern
The payment steering issue presents another regulatory conundrum. While the CMA has made a “vague announcement” about allowing developers to guide customers towards payment services outside of their apps, Epic remains deeply skeptical. Their skepticism stems from the lack of explicit detail regarding potential restrictions, obstructions, or what Epic terms “junk fees.”
Epic`s apprehension is rooted in past experiences. When regulators issue directives that lack explicit prohibitions on fees or discriminatory practices, the tech giants, with their vast legal departments, have often demonstrated an uncanny ability to comply `maliciously.` This involves introducing new fees or bureaucratic hurdles that effectively negate the intended benefits of the regulation. For instance, in the EU, Apple introduced a 27% commission on payments made through alternative systems, essentially replacing one fee with another, albeit slightly lower, one.
Unless the UK regulator takes decisive action to completely block Apple and Google from imposing such fees and discriminating against apps using out-of-app payment options, Epic predicts “years of malicious compliance ahead.” This is not merely about a game; it is about the fundamental principle of fair market access and preventing platform holders from leveraging their dominance to stifle competition and innovation.
Beyond the UK: The Fight Continues
Despite the current regulatory quagmire in the UK, Epic Games` global campaign for a more equitable mobile ecosystem continues unabated. The company has confirmed plans to launch the Epic Games Store in Brazil and Japan later this year. This expansion is a clear sign that the company views this as a global, not merely regional, endeavor, consistently putting pressure on regulators worldwide to introduce stronger antitrust laws targeting the dominant app store operators.
Conclusion
The saga of Fortnite on iOS in the UK serves as a microcosm of the larger battle for digital market fairness. While Epic Games has celebrated significant victories in other major economies, the UK`s slower, more cautious approach highlights the varying speeds and interpretations of competition law across different jurisdictions. For developers and consumers alike, the outcome of these regulatory debates will define the future of mobile application distribution, determining whether the digital landscape fosters true competition or remains largely under the control of a select few gatekeepers. Epic`s ongoing advocacy is a persistent reminder that the fight for an open internet extends deeply into the pockets of our smartphones.
Callum Darby