Update, 9:18 pm ET: <\/strong>Epic Games CEO Tim Sweeney commented on Apple’s filing with the Supreme Court. Details below.<\/p>\n Apple filed a petition with the Supreme Court asking it to stay the Ninth Circuit’s authority, which will send the case back to the District Court to decide how much it can charge for purchases made outside the App Store. Here are the details.<\/p>\n <\/p>\n Last year, the US District Court for the Northern District of California found Apple in contempt of the 2021 order related to purchases outside the App Store.<\/p>\n The order prevented Apple from preventing developers from adding buttons or links to other shopping options, and from communicating with users about those options using contact information obtained within the app. However, the order did not specify whether Apple would charge a commission on such foreign purchases.<\/p>\n From the decision:<\/p>\n Apple Inc. and its officers, agents, employees, workers, and any person in concert or collaboration with them (\u201cApple\u201d), are hereby permanently prohibited and ordered to prevent developers (i) from including in their applications and their metadata buttons, external links, or other calls to action that direct customers to purchase methods, in addition and communicating with Inii App purchases) voluntarily from customers through account registration within the application.<\/p>\n<\/blockquote>\n After the order went into effect, Apple updated its App Store rules to allow those links while still running a commission, capping a fee of up to 27%.<\/p>\n That then led to the contempt decision, the court said that by charging that money, Apple violated the spirit of the law, although the order itself did not mention or explicitly deny such commissions.<\/p>\n After the contempt ruling, the case went to the 9th Circuit Court of Appeals, which reversed the District Court’s default judgment and remanded the case to determine what commission Apple might pay.<\/p>\n To add to the complexity of the case, Apple says that the injunction applies not only to Epic Games, but to all developers worldwide who distribute applications on the App Store front in the US.<\/p>\n Since the 2025 contempt ruling, Apple has been complying with the order, while at the same time trying to reverse several of its features. That includes a new application to file a case in the Supreme Court, which brings us today.<\/p>\n In a filing with the Supreme Court today, Apple is asking the court to stay the Ninth Circuit’s authority, which would send the case back to the District Court to decide what commission it can charge on purchases outside the App Store.<\/p>\n Essentially, Apple argues the following:<\/p>\n Apple bases these arguments on previous court decisions, and says it faces irreparable harm if the case continues now, including being forced to sue its commission under the label of contempt and possibly divulge sensitive business information as part of the process.<\/p>\n The company also says the Ninth Circuit’s decision conflicts with other courts by allowing contempt based on the “spirit” of the statute rather than its actual text, and says it’s more likely the Supreme Court will take up the case and reverse parts of the decision, which is why the trial should be put on hold for now.<\/p>\n Apple also notes that it is not asking to block the order itself, and will continue not to charge commissions on Off-App Store purchases while the case is being reviewed, which means that Epic is facing a temporary suspension.<\/p>\n Finally, Apple says it is still working to file a formal request for the Supreme Court to review the case. However, it says that if the Supreme Court does not grant a stay, it should treat this petition as such.<\/p>\n Update, at 9:18 pm: <\/strong>Commenting on today’s filing, Epic Games CEO Tim Sweeney pointed to one of Apple’s arguments about the case’s broader implications for the global app market:<\/p>\n This confirms that Apple’s tactics continued for 5 years in the US court system – leading to the discovery of the Court of Appeals and criminal referrals for providing false testimony – clearly aimed at stopping global relief for developers and consumers.<\/p>\nA little context<\/h2>\n
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Apple is asking the Supreme Court to pause the next phase of the Epic lawsuit<\/h2>\n
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