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Apple to appeal Australian court ruling mandating third-party app stores and Fortnite restoration

Federal Court rules Apple misused market power, mandating third-party app distribution and Fortnite restoration in Australia.

Apple to appeal Australian court ruling mandating third-party app stores and Fortnite restoration
Illustration: TechSec Observer

Key points

  • Federal Court of Australia orders Apple to allow third-party app stores on iOS.
  • Apple must restore Epic Games’ Fortnite to the Australian App Store.
  • Apple plans to appeal the decision, citing security and IP concerns.

The Federal Court of Australia has mandated that Apple open its iOS ecosystem to third-party app distribution and payment methods within the country. Justice Jonathan Beach ruled that the technology company misused its market power to maintain a monopoly over app distribution. This decision directly impacts software developers and organisations relying on the Australian App Store for distribution.

Root cause

Justice Beach determined that Apple devised a deliberate strategy of foreclosure regarding iOS app distribution. The ruling states that Apple systematically implemented practices to circumvent the practical effects of regulatory or judicial constraints. The court found these actions were designed to maintain a monopoly over app distribution and in-app payments in the Australian market.

Original post referenced in the source reporting.
Original post referenced in the source reporting.

Attack path

The legal conflict originated when Apple removed Fortnite from the App Store in August 2020. Epic Games had attempted to sell in-game currency in a manner that bypassed Apple’s thirty percent commission fee on in-app purchases. This action triggered a prolonged legal dispute between the two companies, leading to the current federal court intervention.

Affected versions

The ruling applies to the entire iOS ecosystem in Australia. It mandates that Apple allow rival app marketplaces and alternative payment systems on its devices. Both orders are set to take effect at noon Australian Eastern time on March 1, 2027, unless a stay is granted during the appeal process.

Mitigation

  • Apple has until February 15 to appeal the decision.
  • The company plans to request a stay of the order.
  • Apple intends to appeal to seek a resolution respecting intellectual property.
  • No technical patch is required as this is a legal mandate.

What it means for organisations

Organisations should assess their app distribution strategies for the Australian market. Legal and compliance teams need to review contracts and payment processing workflows. Engineering leads should consider how alternative app stores might impact security protocols and user experience. Procurement departments must evaluate supplier risks associated with fragmented distribution channels. Internal communications should prepare stakeholders for potential changes in app availability and payment methods by 2027.

What to do and how to stay safe: Apple

  • Review current app distribution agreements for Australian market compliance.
  • Assess security implications of allowing third-party app stores on corporate devices.
  • Monitor legal updates regarding Apple’s appeal and potential stays.
  • Prepare contingency plans for alternative payment processing systems.

General security guidance from the TechSec Observer newsroom. It is not confirmed advice from the organisations named in this story.

Frequently asked questions

When does the ruling take effect?

The orders are set to take effect at noon Australian Eastern time on March 1, 2027.

Why was Fortnite removed from the App Store?

Apple removed Fortnite in August 2020 for bypassing its thirty percent commission fee on in-app purchases.

Will Apple comply with the ruling?

Apple denies having a monopoly and plans to appeal the decision, seeking a stay.

Sources

  1. TechRadar

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