
Apple's Contempt Case in Epic Games Lawsuit Heads to Supreme Court

By Scott Pape


By Scott Pape
The United States' highest court has granted a review of Apple's request to challenge a contempt ruling in its ongoing legal confrontation with Epic Games. This development stems from a judicial order requiring Apple to modify its App Store practices following a successful antitrust challenge by the creator of "Fortnite."
The contention between Apple and Epic Games originated from a 2020 lawsuit filed by Epic, which contested Apple's stringent control over transactions within applications operating on its iOS platform. A key point of contention was Apple's limitations on how applications could be distributed to consumers, particularly its 30% commission on in-app purchases.
While Apple largely prevailed in Epic's initial lawsuit, a 2021 injunction mandated that the company permit developers to integrate links within their apps, directing users to alternative payment methods outside of Apple's ecosystem. Following this, Apple introduced new restrictions, including a 27% commission on purchases made via these external payment systems within seven days of a user clicking such a link. Epic argued that this new commission structure circumvented the spirit of the original injunction, leading to a civil contempt finding against Apple in 2025.
In December, the 9th U.S. Circuit Court of Appeals in San Francisco affirmed the contempt ruling against Apple. However, the appellate court also allowed Apple to present new arguments concerning the appropriate commission rate for digital goods purchased through third-party payment systems linked within App Store-distributed applications. These new proceedings are yet to commence at the district court level.
Apple maintains its compliance with the judge's original order, contending that the injunction should not extend beyond Epic Games to encompass millions of other developers. The company has emphasized to the Supreme Court that regulators worldwide are closely observing this case, as its outcome could influence the commission rates Apple is permitted to charge on covered purchases in major international markets. This case underscores the complex legal landscape surrounding digital marketplaces and their impact on global commerce.
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"The Barefoot Investor," an author whose plain-talking financial advice is immensely popular in Australia.

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