Epic Games has formally opposed Apple’s recent request to pause ongoing legal proceedings concerning App Store commission rates. This development marks the latest chapter in the protracted legal battle between the two companies over Apple’s App Store policies.
In 2021, Judge Yvonne Gonzalez Rogers issued an injunction requiring Apple to permit developers to direct users to external payment options beyond the App Store. Apple complied by allowing such links but imposed a 27% commission on transactions completed through these external avenues. Additionally, Apple implemented restrictions on how developers could present these links within their apps.
Judge Rogers later determined that Apple’s actions violated the original injunction, leading to a civil contempt ruling against the company. Apple has since contested this finding, arguing that the initial order did not explicitly prohibit the imposition of commissions on external purchases. The Supreme Court has agreed to review this specific aspect of the case.
Apple subsequently requested a pause in the lower court proceedings, asserting that the Supreme Court’s forthcoming decision could significantly impact the legal framework for determining permissible commission rates on external transactions. Apple contends that continuing with the current proceedings could result in unnecessary legal actions and potential inconsistencies.
In response, Epic Games filed a formal opposition to Apple’s request. Epic argues that this is Apple’s third attempt to delay the proceedings and emphasizes that the Ninth Circuit Court has already indicated that further proceedings on remand are necessary, regardless of the Supreme Court’s review of the contempt finding. Epic maintains that the lower court should proceed with evaluating Apple’s proposed fees on steered transactions without delay.
Epic also highlights that the Supreme Court’s review is limited to the contempt finding and does not encompass the broader scope of the injunction. Therefore, the lower court retains the authority to assess whether and how the injunction should be modified, a matter unrelated to the contempt issue under Supreme Court review.
As the legal proceedings continue, the outcome of this dispute could have significant implications for the App Store’s operational framework and the broader app development ecosystem. The case underscores the ongoing tension between platform operators and developers over control, revenue sharing, and competitive practices within digital marketplaces.
