In the ongoing legal battle between Apple and Epic Games, both companies have agreed upon a structured timeline to address proposed changes to App Store fees, particularly concerning outbound links. This development follows the Supreme Court’s May 6 decision to deny Apple’s request for a stay, thereby mandating negotiations between the two parties.
Agreed Timeline for Negotiations:
1. Apple’s Proffer Submission (Within 45 Days): Apple is required to submit a proffer to the court within 45 days. This document, limited to 30 pages, will outline proposed commission rates for purchases made through external links, supported by relevant evidence.
2. Document Disclosure (Within 10 Days Post-Proffer): Following the proffer submission, Apple has 10 days to provide Epic Games with all non-privileged documents related to the decision-making process behind the proposed commission rates. This includes fee proposals and a privilege log.
3. Review and Additional Requests (Within 5 Days): Epic Games will have 5 days to review the provided documents and may request further materials if necessary. They can designate up to 10% of the documents listed in the privilege log for third-party review.
4. Epic’s Response (Within 60 Days): Epic Games is allotted 60 days from the later of Apple’s proffer submission or completion of document production to file a response. This response, also capped at 30 pages, should include any objections and supporting evidence.
5. Apple’s Reply (Within 30 Days): Apple has 30 days to file a reply to Epic’s response, limited to 15 pages.
6. Court Proceedings: After these submissions, the court may schedule a status conference or determine further proceedings.
If each party utilizes the maximum time allowed at each stage, it could be approximately five months before the court convenes for the next meeting.
Background of the Dispute:
The legal confrontation between Apple and Epic Games began in 2020 when Epic introduced a third-party payment system in Fortnite, circumventing Apple’s in-app purchase mechanism. This move led to Apple removing Fortnite from the App Store and prompted Epic to file a lawsuit challenging Apple’s App Store policies and commission structures.
In the initial ruling, Apple largely prevailed, but the court found its anti-steering policies—restrictions preventing developers from directing users to alternative payment methods—violated antitrust laws. Consequently, Apple was ordered to allow developers to include links to external payment options.
Apple’s subsequent compliance measures were deemed insufficient by Epic, leading to further legal challenges. In April 2025, a court ruled that Apple’s actions were a gross miscalculation, reinforcing the need for genuine compliance with the injunction.
Recent Developments:
In December 2025, the United States Court of Appeals for the Ninth Circuit ruled that Apple could charge a commission on external purchases, provided it was lower than the previous 27% rate. Epic Games’ CEO, Tim Sweeney, criticized this decision, labeling such fees as junk fees and expressing a preference for a model where Apple charges a nominal fee per app update rather than a percentage-based commission.
Apple’s attempts to appeal this ruling were unsuccessful, with the Supreme Court denying a rehearing in March 2026. This denial has led to the current negotiations aimed at establishing a mutually agreeable commission structure for external purchases.
Implications for the Tech Industry:
The outcome of these negotiations could set a significant precedent for app store operations and developer relations across the tech industry. A revised commission structure may influence how other platform operators manage external payment systems and developer interactions.
As the negotiations progress, stakeholders within the tech community will be closely monitoring the developments, anticipating potential shifts in app store policies and revenue models.
