U.S. Supreme Court Justice Elena Kagan today granted Apple a one-day stay in its legal fight with Epic Games, giving Apple more time to outline the fees it wants to charge developers for linking out to purchase options on the web.
Just yesterday, the U.S. District Court for the Northern District of California denied Apple's request for a stay in the proceedings, giving Apple 24 hours to deliver its fee proposal. Apple then submitted an emergency filing to the Supreme Court, arguing that fee calculations should be paused until the justices hear the case and make a decision on the contempt ruling. If the contempt ruling is thrown out, fee proceedings won't be necessary.
Bloomberg says the short stay is meant to give the high court more time to consider Apple's request. Without the pause, Apple would have needed to submit its proposed fees to the court by 5:00 p.m. Eastern Time on Wednesday. Apple now has until 5:00 p.m. on Thursday, unless the Supreme Court gives the company a longer reprieve. Kagan already denied a similar stay request earlier this year.
The fight over fees is part of an ongoing dispute with Epic Games that started in 2020. Apple won the initial legal fight and wasn't declared a monopolist, but the company was ordered to change its anti-steering rules to let developers link to non-App Store purchase options. Apple did so, but charged fees that were almost identical to standard App Store fees.
Epic Games accused Apple of violating the injunction, and the court agreed. Apple was found in contempt of court for willfully violating the original ruling, and barred from collecting fees on links in the U.S. App Store.
An appeals court ruling upheld the contempt decision, but said Apple was due reasonable fees for its intellectual property. The case was sent back to district court to determine what a reasonable fee might be. Apple then appealed to the Supreme Court, and the justices agreed to hear it.
Apple wants the Supreme Court to throw out the contempt ruling, negating the order barring it from collecting fees and the subsequent appeals court order mandating reasonable fee calculations. Apple has argued that regulators worldwide are watching to see what a U.S. court considers a reasonable rate, so fee proceedings set a reference point even if the contempt ruling is thrown out.
Apple has not collected fees from link-outs in the U.S. since April 2025, and the company would rather continue to collect no money while it exhausts all appeals than have the court establish a rate.
