Australia Orders Apple to Open the iPhone, Without an Expiry Date

Apple Inc. has spent years arguing that the iPhone’s app rules are a security architecture, not a commercial one. Australia’s Federal Court has now rejected that framing in the most concrete terms available: an enforceable order, with a deadline, and no date on which it lapses.

The orders, published Thursday, follow a judgment Justice Jonathan Beach delivered in August 2025 finding that Apple had misused its market power by restricting how apps are distributed and paid for on its devices, in breach of section 46 of the Competition and Consumer Act. The same judgment went against Google in the parallel case brought by Epic Games.

Beginning at noon Melbourne time on March 1, 2027, Apple must let Australian users find, download, install and update apps through competing marketplaces and directly from developers’ websites. It must give those developers the tools to do so on substantially the same terms as App Store distribution, and it cannot penalize them for using a rival store or payment service.

The payment provisions go further than the distribution ones. Developers may offer alternative payment methods and link out to them, including inside App Store apps, and Apple cannot require them to offer its own purchasing system alongside. Apple’s fee on such transactions is capped at what it charges for physical goods and services, plus reasonable additional costs it actually incurs.

Some control survives. Apps installed outside the App Store must pass an automated security and privacy scan and be notarized by Apple or a qualified third party. Apple can remove externally installed apps in narrow cases involving harmful content, genuine security risk or legal obligation. It cannot, however, impose installation barriers disproportionate to the risk, and it cannot block competing stores from being preinstalled on iPhones.

The scope is limited by account region rather than by geography or by developer nationality. The orders cover users whose Apple Account is registered in Australia, while developers anywhere in the Apple Developer Program may participate. Epic’s request for remedies with global reach was rejected, a limit the court treated as a matter of jurisdiction rather than of the merits.

Fortnite returned to the Australian App Store shortly after the ruling. Apple said it will appeal and will ask the court to pause enforcement while the appeal proceeds, citing intellectual-property rights and App Store security. The company can seek a court-approved extension of the deadline to May 3 if it applies between February 1 and February 15 with supporting evidence.

The absence of a sunset clause is what distinguishes the order from the regulatory route other governments have taken. Europe’s Digital Markets Act obliges Apple to permit alternative marketplaces and sideloading across the bloc, but it does so through rules a regulator can revise, soften or tighten as markets change. A court order with no expiry shifts that discretion to Apple’s lawyers and to future litigation.

Australia is a small market by revenue, which is why the ruling’s importance lies in its reasoning rather than its size. Justice Beach accepted that the relevant market is the distribution of apps on iOS, not the wider market for smartphones or software, a definition Apple contested and one that other courts have found easier to avoid than to adopt. If that framing survives appeal, it gives regulators and private litigants elsewhere a template.

For developers, the practical effect depends on economics rather than permissions. Being allowed to run a store is worth little if the fees attached to it approach the commission it was meant to escape, and the caps in the order are drawn narrowly enough that Apple retains room to argue over what counts as a genuine additional cost. Payment processing, fraud screening and refund handling all come with real expense, and Apple has every incentive to document each one carefully.

For Apple, the exposure is structural. The App Store’s services business has grown into one of the company’s most reliable profit pools, and its margin rests on a single distribution channel. Every jurisdiction that opens an alternative erodes the pricing power of that channel, even if few users switch. The company’s response in Europe, where it introduced a convoluted set of terms and fees, suggests it intends to compete on friction rather than refuse outright.

Analysts said the appeal is likely to focus on remedy rather than liability, since the liability finding is now more than a year old and was reasoned at length. A stay, if granted, would push compliance past the March deadline and possibly past the point where competing stores have built Australian audiences. Without one, Apple begins rebuilding its distribution model in a market of roughly 13 million iPhone users while its appeal is pending.

The question is whether a remedy written by a judge, with no regulator to negotiate with and no expiry to wait out, becomes the model that other jurisdictions copy—or an outlier that Apple contains through delay, appeal and the quiet arithmetic of fees.

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