Apple plans to take Epic Games to court again
What's the story
Apple is gearing up to take its long-running legal battle with Epic Games over App Store fees to the US Supreme Court. The tech giant plans to ask the apex court to review a specific aspect of this case. The move comes as Apple also seeks a stay on an appeals court ruling that restricts its ability to charge for external payments.
Case history
Background on the Apple and Epic Games case
The legal tussle between Apple and Epic Games began in 2020 when the latter introduced external payments in its app to avoid Apple's App Store fees. The case was largely ruled in Apple's favor in 2021, with the appeals court ruling that Apple wasn't a monopoly. But, it had to allow developers to link to external payment options. Notably, after another appeal by Apple, the Supreme Court declined to hear it and let stand the Ninth Circuit Court's ruling.
Fee structure
Apple's 27% fee sparked further legal battles
Following the Ninth Circuit Court's ruling, Apple started allowing external payments but charged developers using their own payment systems a 27% commission on those purchases. This was only slightly lower than Apple's usual 30% fee. Epic Games argued that this fee was non-compliant with the court order and didn't save them or other developers any money due to additional payment processing fees.
Ruling impact
Legal rulings so far in the case
The US District Court for the Northern District of California sided with Epic Games, finding Apple in contempt. The ruling was affirmed by the US Court of Appeals for the Ninth Circuit in December 2025. The appeals court said Apple's 27% fee on external payments effectively nullified their purpose but didn't suggest a new rate. This decision is now back with a lower court to decide what, if any, commission Apple can charge on purchases made outside its App Store.
Legal approach
What will Apple's challenge in the Supreme Court entail?
With no more options in the Ninth Circuit, Apple is now preparing to take its case to the Supreme Court. If accepted, Apple will likely challenge the legal standards used to hold it in contempt and argue that courts shouldn't limit fees for its services. The company has long argued that the 27% fee isn't just for payment processing but also covers other services like hosting, discovery, software and developer tools.