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Apple must open iPhone to alternative app stores in Australia after Epic Games ruling

An Australian federal judge has ordered Apple to make sweeping changes to its App Store rules following a years-long antitrust battle with Epic Games. Apple has confirmed that it plans to appeal. Here are the details.

Apple must allow iPhone users with Australian Apple Accounts to install apps from third-party app stores and websites starting March 1, 2027, a federal judge ordered today in a 235-page decision. Apple has until February 15 to request an extension until May 3, 2027, subject to court approval.

Today’s order follows a ruling last year that Apple violated Australian competition law by restricting alternative app distribution and payment methods, in a lawsuit brought by Epic Games similar to its long-running legal battle with Apple in the US.

In his decision, Justice Jonathan Beach said Apple held “a substantial degree of power in the iOS app distribution services market and the iOS in-app payment solutions market,” and used its developer agreements and App Store guidelines to restrict competition.

Among the practices singled out by the judge were:

The ruling also cited Apple’s actions against Epic Games in 2020, including its refusal to allow Epic Direct Pay, Fortnite’s removal from the App Store, and the subsequent termination of Epic’s developer account.

Justice Beach described the latter two actions as “a paradigm example of Apple’s enforcement of its restrictive terms, in contravention of” section 46 of Australia’s Competition and Consumer Act 2010, which prohibits corporations with substantial market power from engaging in conduct that has “the purpose, or has or is likely to have the effect, of substantially lessening competition” in that market.

As a result, Justice Beach issued a wide-ranging series of orders requiring Apple to, among other things:

The decision also addresses several other aspects of Apple’s App Store policies, including restrictions on its ability to turn off apps installed outside the App Store and requirements related to notarization.

The court also prohibited Apple from requiring developers to report transactions processed through alternative payment providers or offer Apple’s payment system alongside their preferred alternatives, both of which are requirements the company imposes in other regions, including Brazil and Japan.

When it comes to Apple’s wins in the decision, the list is much slimmer. Judge Beach rejected Epic’s request to extend the court’s injunctions worldwide and allowed Apple to maintain security scanning and notarization requirements for apps distributed outside the App Store. And while Apple must permit competing app marketplaces on iOS, it is not required to distribute them through its own App Store. This is a distinction he had already established in last year’s ruling.

Finally, the court ordered Apple to pay 85% of Epic’s legal costs incurred through the original trial, while reserving a decision on costs associated with the subsequent hearings over remedies.

Commenting on the decision, Epic confirmed “Fortnite is coming back to the App Store in Australia tomorrow,” and celebrated it as “great news for developers worldwide and iOS users in Australia who will benefit from an open mobile app ecosystem.”

“We will request a stay and appeal the outcome to seek a resolution ​that ​respects our ⁠intellectual property and protects the safe, ​secure experience that consumers ​and ⁠developers expect from the App Store.”

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Marcus Mendes is a Brazilian tech podcaster and journalist who has been closely following Apple since the mid-2000s.

He began covering Apple news in Brazilian media in 2012 and later broadened his focus to the wider tech industry, hosting a daily podcast for seven years.

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