The U.S. Supreme Court on Wednesday rejected Apple’s request to temporarily block a court order requiring major changes to its App Store. The order stems from an antitrust lawsuit filed by Epic Games, the maker of Fortnite, which found Apple in violation of previously mandated reforms to its highly profitable App Store policies.
Justice Elena Kagan, writing for the court, declined to pause the San Francisco-based 9th U.S. Circuit Court of Appeals’ ruling that held Apple in contempt in the ongoing dispute over App Store fees.
The Supreme Court’s action means Apple will return to U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, to quarrel over what commission the company can lawfully charge for certain app-related transactions. Apple’s bid at the Supreme Court had been aimed at staving off returning to the trial court while it pursued its legal challenge before the justices.
Epic Games won the contempt order last year as part of litigation it brought in 2020 seeking to loosen Apple’s control over transactions in applications that use the company’s iOS operating system and its restrictions on how apps are distributed to consumers.
Apple mostly defeated Epic’s lawsuit, but was required in the judge’s 2021 injunction to let developers include links in their apps directing users to non-Apple payment methods.
Apple allowed the links but adopted new restrictions, including a 27% commission on developers for purchases made on payment systems outside the App Store within seven days of clicking a link.
MacDailyNews Take: Apple will keep fighting, as it should. The App Store isn’t a public utility; it’s a premium service that delivers real value. Expect more legal gymnastics ahead, but don’t bet against Cupertino ultimately prevailing where it matters most: in the marketplace.
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