Epic Games Wins Reversal of Stay in App Store Fee Legal Battle
Source: MacRumors
Court Reversal
The Ninth Circuit Court of Appeals reversed an earlier decision that had let Apple keep its current App Store commission structure while the case is pending before the U.S. Supreme Court. The reversal requires Apple to return to a lower court to determine what fees it may charge developers who direct customers to external payment options.
Epic Games’ Motions
Apple had won a pause earlier this month by arguing that it should not have to overhaul its fee structure twice if the Supreme Court ultimately rules in its favor. In response, Epic Games filed two motions:
- Claiming it had not been given sufficient time to respond to Apple’s stay request.
- Asking the court to reject Apple’s original request.
The three‑judge panel granted Epic’s motion for reconsideration, noting that Apple had not shown a likelihood that the Supreme Court would take the case and reminding that the high court had already declined to hear Apple’s challenges in 2024. The panel also rejected Apple’s claim that lower‑court hearings would cause real harm.
Reactions
Epic Games CEO Tim Sweeney announced the development in a post on X, stating, “Apple’s delaying tactics have come to an end!”
The case now returns to Judge Yvonne Gonzalez Rogers in California, who will decide what, if any, commission Apple can collect on purchases made through external links. Apple may still petition the Supreme Court while those proceedings continue.
Historical Context
The dispute dates back to the original Epic Games trial, which Apple largely won. However, a 2021 ruling by Judge Gonzalez Rogers ordered Apple to relax its “anti‑steering” rules and allow developers to point users to outside payment options. Apple’s limited compliance led to further litigation, resulting in a finding that Apple willfully violated the injunction and was barred from collecting any commission on external links.
Apple appealed the decision, arguing that the ruling was unconstitutional and that it should receive compensation for its technology. In December 2025, the appeals court issued a split decision: while confirming Apple’s violation of the injunction, it allowed the company to charge a “reasonable” fee. The question of what constitutes a reasonable fee was sent back to the district court.
Apple now hopes the Supreme Court will overturn the district court’s ruling altogether.