Bafik celebrates victory in the battle, but the war against Apple is still long/Giphy
When Epic Games developed the "save the world" version of Fortnite, it is doubtful that it would have imagined that it would find itself in a war against the biggest technology giants in the world.
Whether playing against one opponent or against 100 opponents, the goal in all Fortnite games is to remain the last standing.
Seemingly a simple game, but without a smart strategy, defeat will be quick.
When the game becomes reality
The Fortnite multiplayer game entered our lives in July 2017. Its differentiation was that the weapons you get in the game allow you to collect resources, from which you can build buildings and shields.
What made the game the most popular is that none of the rounds are similar to the previous round and there are many factors that affect the degree of success of the participant.
The game became a cultural phenomenon in the gaming world and through the purchase store, Epic Games pocketed a lot of money.
In reality, where there is money there are wars.
This is where things start to get complicated and the two technology giants that control smartphones through the app stores, take a bite out of the revenues of Apik Games and its ilk with a commission levy of 30% (a levy that was recently reduced to 17% following the entry into force of the Digital Markets Law - more on that later).
In reality, Apik can't buy an ax that will allow her to mine resources and build shields like Fortnite players can, and her shields are actually legal.
But even in reality it seems that not one round is similar to the previous one.
Afik fights giants
Afik Games started the fight against the technology giants over 3 years ago by filing lawsuits against Apple and Google.
In front of Google, the game seems to be simpler and last December Afik registered a huge victory when the jury unanimously determined that Google had used its monopoly power in all sections.
The game against Apple is completely different.
In the first round between the two, Afik sued Apple on the grounds that it was abusing its monopoly power.
It ended in overwhelming failure and in 2021 Apple won 9 out of 10 items.
Afik appealed the decision to the court but without success.
In the remaining section, the judge ruled that Apple must stop preventing users from being referred to external stores to complete purchases.
Just before the entry into force of the Digital Markets Act in Europe, Apple announced that it would allow app developers to use external payment systems, and would also allow users to install other app stores on its devices.
For a moment it seemed that Afik had won the round, but when they read the fine print of the message, Afik realized that it was just a pretty package.
Epic Games CEO Tim Sweeney tweeted on X that the news effectively forces developers to pay "garbage fees," implying that it forces developers to choose between illegal terms or an illegal anti-competitive scheme. Sweeney promised to continue fighting to break the monopoly of the tech giants .
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The law of digital markets prevails over the law of contracts - also in the USA
The tweet apparently upset Apple, which quickly found a loophole of its own, this time in the contract law.
Shortly before the introduction of the Digital Markets Act, Apple's senior vice president of marketing, Phil Schiller, wrote to Sweeney in an attempt to make sure that Afiq would not violate Apple's developer account agreement. Sweeney, for his part, responded that Afiq was acting "in good faith", but his response did not satisfy Apple , who informed Afik that the response was not credible and therefore Apple has a contractual right to cancel the contract between the two.
Afik did not stay obliging and wrote in her blog that the move is against the Digital Markets Act that came into effect last week. Sweeney added, "Apple is showing other developers what happens when they try to compete with it ".
Just 24 hours later, Apple announced that it had committed to the European Union to return Afik's developer account to Apple devices. This is despite the fact that these are two American companies, which, although they have users in Europe, are themselves not subject to European law. It turns out that the power of the European Commission is not Limited only to Europe, and it is working quickly to enforce the law of digital markets among the tech giants. This is also according to Sweeney's words on the company's blog.
According to the Guardian, the next front that Afik is expected to conquer is the Australian front. After its lawsuits against Apple and Google in Australia were frozen until the lawsuits are decided In the United States, it seems that they are expected to be decided soon.
In conclusion, the struggles and wars between Apple and Apik provide a vivid demonstration of the power of the European Commission even outside the borders of the continent.
While officially, the Digital Markets Act is a local law of Europe, the influence that the Commission has on a technology giant like Apple allows it to enforce it in the US as well, despite the contractual obligation that is supposed to protect Apple. This case study is a clear message to any technology company that chooses to take advantage its monopolistic power: Europe will not go over this in silence.
Attorney Shani Mizrahi is the owner of a strategy, PR and crisis management office.
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