In the latest chapter of the long-running legal saga between Apple and Epic Games, the iPhone maker has filed an emergency application with the U.S. Supreme Court requesting a pause on proceedings that could force it to justify and potentially set a new commission rate on purchases made outside the App Store.
Background on the Dispute
The case stems from the landmark 2020-2021 Epic Games v. Apple trial. In 2021, a district court issued an injunction requiring Apple to allow developers to include links or buttons directing users to external purchasing options, bypassing the App Store’s in-app purchase system. Apple complied by updating its rules but continued to impose commissions (initially up to 27%) on those external transactions.
This led to a 2025 contempt ruling against Apple by the U.S. District Court for the Northern District of California, which argued that charging fees violated the “spirit” of the injunction — even though the original order did not explicitly prohibit commissions. Apple has maintained compliance by implementing zero commissions on such link-outs while appealing.
The Ninth Circuit Court of Appeals later reversed the strict zero-commission requirement and remanded the case back to the district court to determine a “reasonable” commission rate Apple could charge. Apple is now challenging the contempt finding itself, arguing it was improper and prejudicial.
Apple’s Arguments to the Supreme Court
In its filing on May 4, 2026, Apple requests a stay of the Ninth Circuit’s mandate to prevent the remand proceedings from moving forward immediately. Key points include:
• The contempt designation is unwarranted because the 2021 injunction made no mention of commissions or fees.
• Proceeding under a “taint” of contempt would cause irreparable harm, including forcing Apple to disclose sensitive business information and litigate its core business model under a false premise.
• The injunction improperly applies worldwide to all U.S. App Store developers, not just Epic Games.
• Global regulators are closely watching the outcome, which could influence commission policies in other markets.
Apple has emphasized that it will continue operating under the current zero-commission structure for external purchases during any review, meaning no immediate harm to Epic or developers. The company has also indicated it plans a full petition for certiorari and suggested the current application could serve as that request if needed.
Epic’s Response and Next Steps
Epic Games CEO Tim Sweeney responded to the filing, highlighting Apple’s own admission in the documents that regulators worldwide are monitoring the case for potential precedent on commission rates.
The mandate sending the case back for fee calculations was set to take effect on May 5, 2026. If the Supreme Court grants the stay, the zero-fee status quo remains while the high court considers whether to hear the appeal. If denied, the district court will proceed to evaluate an appropriate commission rate.
This marks another escalation in a dispute that has already spanned years and multiple court levels. The outcome could have significant implications not only for Apple’s App Store revenue model but for app distribution and developer policies across the mobile ecosystem.
MacDailyNews Note: The Supreme Court is expected to act relatively quickly on the emergency stay request.
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