ACCC to Intervene in Epic v Apple Remedies, Pushes for App Store Reforms
The Australian Competition and Consumer Commission (ACCC) has been granted leave by the Federal Court to intervene in the remedies phase of the Epic Games, Inc v Apple Inc proceedings. Separately, the ACCC is urging the government to legislate reforms that would require Apple and Google to allow competing app stores and payment systems on their devices.
Federal Court Intervention
The Federal Court has permitted the ACCC to intervene in the upcoming relief hearing for the Epic Games v Apple case. The intervention is limited to making written submissions on specific relief issues.
- The relief hearing is scheduled to resume on April 28, 2026.
- This follows a Federal Court finding in August 2025 that Apple misused its market power by restricting the use of alternative app distribution and in-app payment methods on Apple devices, in breach of Australia's competition laws.
ACCC Commissioner Luke Woodward stated the intervention aims to assist the court by making submissions on the public interest in promoting competitive digital services markets.
Background of the Legal Dispute
The court case stems from a broader dispute between Epic Games and the major app store operators.
- Epic Games commenced proceedings against Apple and Google in November 2020 after its game Fortnite was removed from their app stores for introducing its own payment system.
- In August 2025, the Federal Court found both Apple and Google had misused their market power.
- In March 2026, Epic's proceeding against Google was dismissed by consent following a global settlement agreement.
ACCC's Proposed Legislative Reforms
Concurrently, the ACCC is advocating for new laws to mandate changes to app store operations in Australia.
- ACCC Chair Gina Cass-Gottlieb has indicated the proposed reforms would mirror changes implemented in Europe, where new rules have led to the launch of several competing app stores.
- The ACCC has drafted rules designed to open Apple and Google's platforms to third-party app stores and ban "anti-steering" provisions that prevent developers from directing users to alternative payment options.
- The Australian Banking Association has expressed support for the initiative.
- Enabling legislation from the Australian government is required to implement these drafted rules.
Positions of the Involved Parties
The involved companies and other stakeholders have stated differing positions on app store operations and proposed changes.
- Apple and Google argue that their current restrictions on app distribution and payment systems are necessary for user privacy and security.
- The ACCC and supporting groups contend that the companies' dominant position leads to higher commissions for developers and less choice. The Federal Court's 2025 ruling found this dominance likely resulted in higher commissions than would exist in a more competitive market.
- Epic Games, which operates its own game store overseas, applies no commission on the first $1 million in developer revenue and a 12% commission on revenue above that threshold. Under existing conditions, Apple and Google's commissions can be up to 30%.
Government Context and Next Steps
The Australian government is considering the issue within a broader policy framework.
- The government has previously engaged with large technology companies on other digital policy matters.
- The ACCC conducted the Digital Platform Services Inquiry from 2020 to 2025, which recommended targeted regulation for digital platform services. The government has committed to introducing a new digital competition regime.
The next immediate step is the Federal Court's remedies hearing in the Epic v Apple case, scheduled for April 28, 2026.