Apple Asks Supreme Court to Pause Epic Games Case Ahead of App Store Fee Ruling

Source: MacRumors

Background

Apple is involved in a legal battle with Epic Games over the App Store’s commission structure. After the Ninth Circuit Court of Appeals affirmed that Apple violated an injunction requiring it to allow developers to link to alternate payment options, the district court was ordered to calculate a “reasonable fee” that Apple may charge. Apple contends that this fee‑calculation phase should be paused while it seeks review by the Supreme Court.

Apple’s Emergency Application to the Supreme Court

Apple filed an emergency application asking the Supreme Court for a stay of the district court’s fee‑calculation proceedings. The company argues that proceeding without a stay would cause irreparable harm, force it to litigate the fundamentals of its business model under a “highly prejudicial taint” of alleged contempt, and require disclosure of confidential business information that cannot be undone.

Legal Arguments

• Scope of the Injunction: Apple maintains that the injunction should apply only to Epic Games, not to all developers distributing apps in the United States.
• Contempt Finding: The district court found Apple in contempt for continuing to charge fees (three percent less than its standard rate) after complying with the anti‑steering order.
• Appeal Position: Apple plans to challenge both the contempt ruling and the breadth of the injunction, arguing that the fee‑calculation process should not proceed while the Supreme Court considers the case.

Potential Outcomes

• If the Supreme Court grants the stay: Apple’s current “zero‑fee” link‑out commission structure would remain in effect, allowing U.S. developers to continue offering third‑party payment options without paying fees while the case proceeds.
• If the stay is denied or the Court declines to hear the case: The parties would return to the district court, which would determine the reasonable fee Apple may collect under the injunction.

Apple also indicated that its emergency filing could serve as a certiorari petition, potentially prompting the Supreme Court to decide whether to hear the broader Epic Games v. Apple case. However, any certiorari petition would not be considered before the Court’s summer recess.

References

• Original article on MacRumors.com: “Apple Asks Supreme Court to Pause Epic Games Case Ahead of App Store Fee Ruling.”

Tags: App Store, Epic Games vs. Apple, Apple Lawsuits