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Apple Asks Court to Pause App Store Fee Fight While It Petitions Supreme Court in Epic Games Case

Apple plans to ask the United States Supreme Court to weigh in on the App Store fee restrictions and contempt of court ruling levied against it in the ongoing Epic Games vs. Apple legal battle.

app store blue banner epic 1
In a filing on April 3 (via TechCrunch), Apple asked the Ninth Circuit Court of Appeals to hold off on a plan that would see the U.S. Northern District of California decide on a reasonable commission for Apple to charge developers for purchases made from a link in an app. Apple is concerned that the district court will decide on a fee, only to have the Supreme Court then reverse the ruling in its entirety.

Apple says that it does not want to make multiple major changes to its ‌App Store‌ fee structure. Instead, Apple proposes that the current no-commission setup remain in place until Apple hears back from the Supreme Court. Developers can currently include links to non-App Store purchase options in their apps and Apple charges no fee from purchases made using those links. Apple wants to continue fee-free links and hold off on the long legal battle to determine a fee for the time being.

Apple has not petitioned the Supreme Court to hear the case yet, and there is no guarantee that the Supreme Court will do so. Back in 2024, both Apple and Epic Games asked the Supreme Court to make a ruling in their ongoing dispute, but the Supreme Court denied the request. Apple is going to ask the Supreme Court to hear the contempt aspect of the case, and there's a non-zero chance the Supreme Court will agree.

Back in April 2025, Apple was found to have violated a 2021 injunction requiring it to let developers direct customers to third-party purchase options on the web with in-app links. The injunction stemmed from the ‌Epic Games‌ legal battle, which Apple won almost entirely. Apple was not found to have a monopoly, but the judge overseeing the case, Yvonne Gonzalez Rogers, ordered Apple to relax its "anti-steering" link rules.

Apple implemented new App Store rules, but only slightly lowered its fees. Apple charged a 12 to 27 percent commission instead of a 15 to 30 percent commission for purchases made via a web link, and the high fee combined with third-party payment fees meant almost no developers opted to add links. ‌Epic Games‌ accused Apple of charging "unjustified fees," and asked the court to decide whether Apple was complying with the injunction. The court found that Apple was in "willful violation," and Gonzalez Rogers banned Apple from collecting any fee on links at all.

Apple immediately appealed the ruling, but dropped link fees in April 2025. Apple argued that the ruling was unconstitutional and that it should receive compensation for its technology. In December 2025, the U.S. Court of Appeals handed down a mixed ruling, agreeing that Apple violated the injunction, but questioning the severity of the response. The appeals court suggested Apple should be able to charge a reasonable fee, and tasked the district court with deciding what the fee should be.

Apple is hoping the Supreme Court will do what the appeals court did not, and vacate the district court's ruling entirely. Apple plans to challenge the contempt ruling and the scope of the injunction, which Apple argues should not extend to all developers nationwide, instead applying only to developers connected to ‌Epic Games‌. Apple is questioning the civil contempt ruling and the court's ruling that Apple violated the "spirit" of the injunction rather than the direct text. Apple says that it should not be held in contempt because the injunction had no specific wording about commissions. It's possible the spirit vs. plain text dispute will catch the Supreme Court's attention.

If the appeals court agrees to Apple's plan, the fee calculation hearing in the district court will be put on pause until the Supreme Court makes a decision. After an appeals court ruling, the Supreme Court is the last stop. If the Supreme Court decides not to hear the case, the appeals court ruling will stand and the district court will be able to proceed with deciding on a fee.

Should the appeals court not grant Apple's request for a stay, the district court will start the fee calculation process while Apple simultaneously petitions the Supreme Court and waits to hear back.

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Top Rated Comments

WarmWinterHat Avatar
8 months ago

lol. Android is bigger that ios. Apple has never been the Microsoft or Intel and now Android.
What's your point? These are individual cases that should be judges on individual merits.

Your "sentence" is difficult to read, so maybe I'm misunderstanding.
Score: 7 Votes (Like | Disagree)
digitalrampage Avatar
8 months ago
I’d love to better understand how the world changed. Microsoft was successfully sued for antitrust for bundling Internet Explorer into their operating systems because of their market power.

Now you have this setup where you have no competition, where a company is making more margin selling other people’s products than they would get traditionally in a Big box outlet, and then wanting a cut of all future add-ons the same.

Love the security and safety, hate the fact their selected margins are significantly higher for them than they’ll allow anyone else.
Its no longer a method of distribution, it’s Software pimping.
Score: 7 Votes (Like | Disagree)
Apple Knowledge Navigator Avatar
8 months ago

lol. Android is bigger that ios. Apple has never been the Microsoft or Intel and now Android.
I’ve tried reading this again, in reverse and upside down - and I still don't understand it.
Score: 6 Votes (Like | Disagree)
8 months ago
This is beginning to get stupid. Contrary to what this article says most people in the know think that Apple has zero chance and is only wasting time and ressources. The SCOTUS already once rejected the case and send it back to the Ninth Circuit Court and the Ninth Circuit Court unanimously denied Apples petitions. They said:

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. […] The petition for panel rehearing and the petition for rehearing en banc
are DENIED.


The SCOTUS will not hear this case again.
Score: 6 Votes (Like | Disagree)
DiddyParty Avatar
8 months ago
Epic should be thrown out until they seek the same action against Sony… Microsoft and Nintendo who take a 30% cut.
Score: 5 Votes (Like | Disagree)
jlc1978 Avatar
8 months ago

Courts should crack down on apples extortion fees of 30% period.
Extortion? Apple offers access to a large ad lucrative user base for $99 and 30% commission (15% for small developers) while handling most of the back office type stuff and reducing friction in payment. Apple's problem is it made things look easy for developers and created a lucrative market, and now some developers want more of the pie while having Apple provide the same access to the market.

As Apple is forced to open up access to third party stores it will be interesting to see how things play out. I doubt small developers will fid a better deal overall, and big developers will still want to have access to Apple's customer base directly since replicating it and charging less to get developers on their platform will be a challenge. Once third party app stores are available, Apple should be free to charge what they want and chose who can be on the store, just like third party apps.

I suspect small developers will be the ultimate losers if Apple decides to change the pricing structure to add more up front or ongoing costs. Right now, for $99 a developer gets access to the market with no more downside risk of spending money before they make a sale; changes to the model could wind up making developers pay ongoing fees before they make a sale, putting them deeper in th hole and if they don't sell enough wind up losing money and going out of business.
Score: 4 Votes (Like | Disagree)
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