Apple likely to seek damages from Epic Games for breach of contract

Hemani Sheth Mumbai | Updated on September 09, 2020

Terms Epic’s claims as “nothing more than a basic disagreement over money”

Apple on Tuesday filed its answer and counterclaims to Fortnite maker Epic Games’ legal complaint seeking injunctive relief against the former.

Epic had filed a complaint seeking injunctive relief in order to bring Fortnite back to Apple’s app store over the weekend. In response, Apple filed its counterclaims alleging breach of contract by Epic.

Apple termed Epic’s claims as “nothing more than a basic disagreement over money.”

Apple and Google had banned Fortnite from their app stores last month after Epic had snuck in an update that let users purchase in-game currency using Epic’s payment system at a lower rate. Epic, in retaliation, had filed a lawsuit against Apple. It had recently received a temporary restraining order against restricting Apple from taking any action against Epic’s developer account.

However, the ban on Fortnite had remained in place with the game’s newly released Chapter 2 - Season 4 update (v14.00) not releasing on iOS and macOS.

Epic had yet again filed another plea for injunctive relief last week. In its original lawsuit, Epic had accused Apple of trying to “maintain their monopoly over in-app payments on iOS, suppressing free market competition and inflating prices.”

Apple in response said in its filing, “Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store.”

“Epic’s flagrant disregard for its contractual commitments and other misconduct has caused significant harm to Apple. Left unchecked, Epic’s conduct threatens the very existence of the iOS ecosystem and its tremendous value to consumers,” it said.

Apple is likely to seek damages from the game maker for violating its contract.

“This court should hold Epic to its contractual promises, award Apple compensatory and punitive damages, and enjoin Epic from engaging in further unfair business practices,” Apple said in its filings.

Published on September 09, 2020

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