An epic battle is coming to the EU.
Epic Games, the creator of the wildly popular video game Fortnite, filed an official complaint with the European Commission against Apple on Wednesday, alleging that the US tech giant has violated EU antitrust rules with its App Store and payment policy. The charges are similar to the charges Epic has brought against Apple and Google in lawsuits in the US.
Epic states that Apple “has completely eliminated competition in app distribution and payment processes” with unfair terms. The game developer also claims that the iPhone maker is using its control over its own iOS operating system and ecosystem “to profit for itself and block competitors,” the company said.
Apple’s “behavior is an abuse of a dominant position and in violation of EU competition laws,” said Epic.
The complaint is the latest installment in a series of legal actions against Apple that Epic started in the US last summer. The arguments in Epic’s EU filing, such as the illegality of mandatory use of Apple’s own in-app purchasing system, reflect other complaints against the Cupertino-based company for which the European Commission opened investigations in June.
Epic’s move follows a string of recent complaints against tech giants from industry upstarts like Slack and Telegram. It also highlights the concerns Brussels is trying to address as part of its new rulebook to regulate Big Tech, known as the Digital Markets Act (DMA).
“What’s at stake here is the future of mobile platforms,” said Tim Sweeney, CEO of Epic Games. “Consumers have the right to install apps from sources of their choice, and developers have the right to compete in a fair market.”
An Apple spokesperson said, “Epic has enabled a feature in its app that was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines that apply equally to each developer. and who protect customers. ”
“Their reckless behavior turned customers into pawns, and we look forward to making this clear to the European Commission,” added the spokesperson.
The Commission acknowledged receipt of the complaint and said it would “assess it on the basis of standard procedures”.
The standoff began after Epic introduced a direct payment system within Fortnite to bypass Apple and Google’s app stores, which took a 30 percent share of revenue for using their own payment processing systems. The two app store owners responded by blocking Fortnite players from installing and updating the game through Apple’s App Store and Google Play, arguing that Epic’s payment system didn’t meet their terms and conditions.
Epic sued Apple and Google in the US in August. It also sued Apple in Australia in November and in the UK in January on the same issue.
The game company insisted it is not seeking damages. “Epic only wants a policy change,” Sweeney told reporters Tuesday ahead of the announcement.
The digital rulebook of the EU
“The DMA proposal contains provisions that could potentially address Epic’s claim,” the company’s anti-trust attorney Thomas Vinje told reporters. But the DMA isn’t enough and won’t be ready soon enough, he said.
The EU rulebook requires that so-called gatekeepers – companies that have power and control over entire platform ecosystems – apply “fair, reasonable and non-discriminatory” fees to companies selling through app stores. But “open[ing] competition in stores… is not enough, ”said Sweeney. “It is also essential to open up payments.”
Since “it will take quite some time” for the DMA to take effect, Vinje said, “now is the time to move” on the antitrust field. He recognized the provisions in the DMA “indicate” that the Commission “understands that it is a very big problem”.
Brussels opened two formal investigations against Apple in June over App Store rules, targeting music streaming and e-books. Messages app Telegram also raised concerns about revenue sharing rules with Brussels in a formal complaint in July.
Sweeney said he had not filed a complaint against Google with the Commission, but he did not rule out one in the future. “Right now we’re focusing on Apple,” said the Epic boss, adding that he was still trying to figure out the best approach to these issues.
There are differences between Google and Apple, he continued, but the “underlying concern for both is uniform.”
Update: The article has been updated with the response from the Commission.
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