The ongoing legal battle between Apple and Epic Games has taken a new twist as Epic Games revealed that Apple has terminated its developer account, reversing its earlier approval.
Apple’s move, seen as a response to Epic’s criticism of Apple’s proposed Digital Markets rules, has been deemed a “serious violation of the DMA” by Epic. The termination jeopardizes Epic’s ability to be a competitor to the Apple App Store, according to the game developer. Apple, in a letter, cited Epic’s colorful criticism and past violations of rules as reasons for its decision.
Epic claims it had publicly shared its intentions, agreed to abide by the rules, and even requested a DMA consultation, which Apple initially denied. Despite agreeing to comply with the rules, Apple’s lawyers sent a letter terminating Epic Games Sweden AB’s account.
Phil Schiller, an Apple executive, expressed concerns about Epic’s intentions and past breaches, questioning why Apple should trust Epic at this time. Apple justified its action, stating that Epic’s breach of contractual obligations and ongoing behavior led to the termination of its account, citing a judgment from September 2021.
In response, Apple emphasized its contractual right to terminate Epic Games’ subsidiaries, affiliates, and entities under Epic’s control based on the September 2021 judgment. Apple highlighted that Epic Games Sweden entered into the Apple Developer Program License Agreement through a click-through agreement, not subject to executive review at that time.
