Apple asked the U.S. Supreme Court to review a lower-court ruling in the company’s long-running dispute with Epic Games, arguing that the injunction allowing external links in App Store apps should not apply to developers who were not parties to the case, such as Microsoft and Spotify. In the petition, Apple also challenges a Ninth Circuit civil-contempt order that penalized Apple for charging fees on purchases routed outside its in-app system.
Apple’s argument
Apple says Epic did not bring a class action or seek relief for other developers, so a nationwide injunction affecting third parties exceeds the court’s authority.
The company contends the injunction was written without addressing commissions, and that courts should not hold Apple in contempt for actions the order did not explicitly prohibit.
Contempt order dispute
The Ninth Circuit found that Apple’s practice of charging a 27% fee on external payments undermined the purpose of permitting links to outside payment options.
Apple argues the injunction’s text left room for interpretation and that enforcing contempt based on the injunction’s “spirit” is legally improper.
Epic’s response and stance
Epic Games described Apple’s petition as a last-ditch effort to delay the case and to avoid broader payment competition that Epic says would benefit consumers.
Earlier this month, the Supreme Court declined Apple’s request to pause further proceedings while it considered Apple’s appeal.
Recent developments
Epic announced that Fortnite returned to the App Store globally, except in Australia, saying it expects courts to prevent Apple’s existing fee structure from remaining in place.
Apple has been litigating Epic’s original 2020 lawsuit for more than five years.
Featured image credits: PxHere
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