Epic Games, the maker of Fortnite, responded by filing a lawsuit within hours accusing Apple of anti-competitive behavior. THE MONOPOLY GAME by SHRIDE. While consumers may have viewed it as a loyalty bonus, Apple saw it as a gross violation of its contract with Epic and an attempt to undercut a key revenue stream. "This case is not just about one video game, but about whether just two companies — Apple and Google — can control the terms of how software is distributed to millions of users," said John Bergmayer, an attorney at the consumer advocacy group Public Knowledge. "The problem is, if you have an iPhone, you can't buy [apps] from anyone else," she said. Fortnite was removed from Google's Play Store for Android phones on Thursday afternoon, a few hours after it was removed from Apple's App Store. "While Fortnite remains available on Android, we can no longer make it available on Play because it violates our policies," a Google spokesman told CNBC. All rights reserved. "Epic Games and Apple are at liberty to litigate this action for the future of the digital frontier, but their dispute should not create havoc to bystanders," she wrote. Epic has called for a preliminary injunction that would prevent Apple from taking actions against Epic. The legal filing appeared to have been prepared before Apple removed Fortnite on Thursday. Jeffrey Blumenfeld, a partner at Lowenstein Sandler said he had "a very hard time believing" that the court would decide in Epic's favor and say that "Apple is not permitted to control distribution of apps through its own App Store." All times are ET. ", Apple's App Store rules have recently been the focus of congressional scrutiny. All content of the Dow Jones branded indices Copyright S&P Dow Jones Indices LLC 2018 and/or its affiliates. ", Epic Games wants to create its own gaming marketplace that works across platforms, including iPhones, Android and Windows. Other users' reliance on Epic's Unreal Engine meant that cutting it off would "unnecessarily impact" them, Gonzalez wrote in her order. As part of its effort to challenge the status quo, Epic has also sued Google, which pulled Fortnite from its app store in August for similar reasons as Apple. It's been installed over 133 million times on Apple devices, according to the estimate. It's available on a range of different devices, including Android phones, Windows and consoles in addition to iPhones. In a competition case like this one, experts say, much of the litigation will hinge on what market Apple is allegedly dominating. Apple replied that consumers enjoy plenty of choice when they are selecting a smartphone platform — iOS or Android. The two companies are expected to debate a proposed court order that could temporarily force Apple to bring Fortnite back to the iOS App Store.
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