Apple Asks Supreme Court to Pause Epic Games Case Ahead of App Store Fee Ruling - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

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

Apple today filed an emergency application with the Supreme Court, asking for a stay on App Store fee calculations while it waits to hear whether the Supreme Court will weigh in on the latest developments in its legal battle with Epic Games.

app store blue banner epic 1
Apple argues that without a stay, it will face irreparable harm. Apple says it will have to litigate the fundamentals of its business model with the "highly prejudicial taint of being (improperly) found to have acted in contempt of the court's initial order" with the world watching, plus the case would require it to disclose confidential business information, which can't be undone.

Regulators around the world are watching this case to determine what commission rate Apple may charge on covered purchases in huge markets outside the United States. No proceeding setting the commission Apple may charge--an endeavor that itself is fraught with challenges and raises the prospect of the courts engaging in improper rate-setting--should be allowed to unfold under the false and prejudicial auspices that Apple acted in contempt by charging a commission based on an injunction that did not even mention commissions.

The Supreme Court's finding could also affect the scope of the case, because one of Apple's arguments is that the injunction should only apply to ‌Epic Games‌, not all developers that distribute apps in the United States.

For a recap, in 2021, the U.S. Northern District Court of California ordered Apple to relax its anti-steering rules as part of the ruling in the ‌Epic Games‌ v. Apple case. Apple was told to allow developers to link to alternate payment options in apps. Apple complied, but still charged high fees (three percent less than its standard fees), leading the court to find Apple in contempt of court for willfully violating the injunction.

In April 2025, Apple was barred from collecting any fees on links in apps in the U.S. ‌App Store‌, a change Apple implemented the same month. Apple appealed, and the Ninth Circuit Court of Appeals agreed Apple violated the injunction, but said the company should be able to receive compensation for its technology. The appeals court then ordered the district court to calculate a reasonable fee, and that's what Apple wants to pause.

Apple is planning to challenge the district court's contempt of court ruling and the scope of the injunction, and it does not want to go to court for fee calculations when there's a chance the Supreme Court could vacate the decision entirely.

All Apple seeks here is a stay of the mandate so this Court can consider Apple's petition before it is subjected to a remand proceeding that could reshape the global app market based on the false premise that Apple engaged in civil contempt.

Apple asked the appeals court to stay the fee calculation phase until it heard back from the Supreme Court. The appeals court agreed initially, but then reversed course after ‌Epic Games‌ challenged the decision. Apple is now asking the Supreme Court for the same stay that the appeals court denied.

Apple wants to keep its current zero-fee link-out commission structure in place while it appeals to the Supreme Court, which means developers in the U.S. would continue to pay no fees for purchases made using third-party payment options in their apps while the case plays out.

If the Supreme Court grants Apple's request for a stay, the zero-fee setup will remain in place while Apple waits on a decision from the Supreme Court. If the Supreme Court does not grant the stay or declines to hear the case, Apple and ‌Epic Games‌ will return to the district court to determine the reasonable fee that Apple can collect.

While Apple is asking the Supreme Court for a stay as it prepares a full filing, Apple has also suggested that its filing could be used as a certiorari petition, so we could soon hear whether the Supreme Court will decide to hear the ‌Epic Games‌ v. Apple case. Apple will not be able to submit a petition for certiorari that will be considered before the summer recess.

The mandate that will send Apple back to the district court for fee calculations goes into effect on May 5.

Popular Stories

iOS 18 Siri Personal Context

Siri AI Settlement Website Now Live: Apple to Pay Some iPhone Owners

Sunday September 20, 2026 7:24 pm PDT by
In May, Apple agreed to pay $250 million to settle a U.S. class action lawsuit over Siri AI's delayed launch, and the settlement website is now live. Apple will pay an estimated $25 per eligible iPhone to eligible customers, who can submit a claim via the settlement website between September 21 and December 21 of this year. The exact payment may be higher or lower than $25 depending on the...
apple pay feature dynamic island

Banks and Credit Unions to Team Up Against Apple Pay Fees

Friday September 25, 2026 12:22 pm PDT by
An antitrust lawsuit accusing Apple of blocking tap-to-pay competition is moving forward and will see banks and credit unions able to band together to sue Apple. U.S. District Judge Jeffrey White this week certified a class in the lawsuit. It will include any U.S. entities that issued any payment card enabled for Apple Pay and paid Apple a fee for Apple Pay transactions on that payment card. ...
intel macs no more updates

Mac App Store Apps Can Now Drop Support for Intel Macs

Tuesday September 1, 2026 4:50 pm PDT by
Apple today informed developers that universal Mac App Store apps that require macOS 13 or later can remove support for Intel-based Mac computers. We're reaching out to let you know that universal macOS apps on the Mac App Store that require macOS 13 or later can now remove support for Intel-based Mac computers. By removing support for Intel-based Mac computers, you can simplify your...

Top Rated Comments

21 weeks ago

Incorrect. Without Apple there is no sale.
Without a lot of things there's no sale. Should your ISP get a cut of every transaction you make on a website? Without your ISP, and their ISP for that matter, there's no sale.

Should Microsoft get a cut of every sale made on Windows? Should they have for the last many decades? Was their mistake not taking a toll from every single software developer on their platform?

If only they had been more of a toll-taker, maybe they wouldn't be so poor today...

Quick edit: and I further realize the irony that one reason that they are so rich today is because they did in fact go into the toll-taking business with Azure.
Score: 14 Votes (Like | Disagree)
gleepskip Avatar
21 weeks ago

Apple says it will have to litigate the fundamentals of its business model with the "highly prejudicial taint of being (improperly) found to have acted in contempt of the court's initial order" with the world watching, plus the case would require it to disclose confidential business information, which can't be undone.
Oh the humanity.
Score: 9 Votes (Like | Disagree)
turbineseaplane Avatar
21 weeks ago
I'll just always struggle with defending multi-trillion dollar companies to this degree.

I just don't think the world will stop spinning if they are asked to not take as much.

All the "rules" of business are made up constructs. Same with "markets" (which are mostly anything but these days)
There are no gravitational physics at work here. No laws of nature.

Societies and jurisdictions can decide to craft things however they want, and I just feel the balance is out of whack with mega corps, at least in the US.

Call me a socialist if one cares to. Happy to be painted that way.
It's just how I feel, particularly more as time and my age have gone on.
Score: 8 Votes (Like | Disagree)
21 weeks ago
This is not an emergency, the harm will not be irreparable, and the contempt finding was correct.

There will in fact be no harm. It's been this way for, what, a year now? Look at all the harm!

It is in fact slightly, measurably better now that there are fewer artificial hoops to jump through.

One tiny bit of anti-pattern defeated. Oh my god the harm!!

Quick edit: standard disclaimer that I do not like that it's Epic and Sweeney doing this, but nobody else is doing anything at all. Not in the US, anyway.
Score: 8 Votes (Like | Disagree)
turbineseaplane Avatar
21 weeks ago
From about 3 angles here, I'm not sure who the heroes and villains are.

I need to dig around the house and try to find my tiny violin.
Score: 7 Votes (Like | Disagree)
ghostface147 Avatar
21 weeks ago
Still? It's been what....since covid?
Score: 7 Votes (Like | Disagree)
Latest Stories
Apple TV Just Updated Its Selection of 'Bonus' Movies
Apple TV Just Updated Its Selection of 'Bonus' Movies
1 hour ago
iPhone 18 Pro Colors Buyer's Guide: Which Should You Choose?
iPhone 18 Pro Colors Buyer's Guide: Which Should You Choose?
1 hour ago
Early Prime Big Deal Days: Best Discounts on Accessories, TVs, and More at Amazon
Early Prime Big Deal Days: Best Discounts on Accessories, TVs, and More at Amazon
2 hours ago
MacBook Pro With OLED Touch Screen Rumored to Launch in October or November
MacBook Pro With OLED Touch Screen Rumored to Launch in October or November
3 hours ago
Apple's All-New Home Hub Rumored to Launch in These Four Colors
Apple's All-New Home Hub Rumored to Launch in These Four Colors
3 hours ago
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
5 hours ago
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
5 hours ago
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
6 hours ago
Apple TV Still Down for Some Users Following Apple Services Outage
Apple TV Still Down for Some Users Following Apple Services Outage
6 hours ago
PSA: Apple Mail on Mac May Stop Syncing Microsoft 365 Accounts Today
PSA: Apple Mail on Mac May Stop Syncing Microsoft 365 Accounts Today
7 hours ago
Apple's Smart Home Hub: Everything We Know So Far
Apple's Smart Home Hub: Everything We Know So Far
17 hours ago
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
18 hours ago
Apple Invites App Updated With Three New Features
Apple Invites App Updated With Three New Features
22 hours ago
Apple Event on October 13?
Apple Event on October 13?
23 hours ago
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
1 day ago
iPad Mini 8 to Offer These 10 New Features
iPad Mini 8 to Offer These 10 New Features
1 day ago
DoorDash Unveils AI Food Ordering Through Apple's Messages App
DoorDash Unveils AI Food Ordering Through Apple's Messages App
1 day ago
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
1 day ago
Apple Still Plans to Release a New Full-Sized HomePod
Apple Still Plans to Release a New Full-Sized HomePod
1 day ago
Apple Working to Expand HomeKit
Apple Working to Expand HomeKit
1 day ago
Apple Smart Home Hub to Feature iMac G4-Style Design
Apple Smart Home Hub to Feature iMac G4-Style Design
1 day ago
Three New Apple Smart Home Products Coming on October 13
Three New Apple Smart Home Products Coming on October 13
1 day ago
Apple Pay Now Available in India With Axis Bank Cards
Apple Pay Now Available in India With Axis Bank Cards
2 days ago
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
2 days ago
AirPods 5 Teardown: Batteries Removable, Case Still Tough
AirPods 5 Teardown: Batteries Removable, Case Still Tough
2 days ago
iPhone 18 Pro Owners Complain of Speaker Crackling or Popping
iPhone 18 Pro Owners Complain of Speaker Crackling or Popping
2 days ago
You Can 'Get Ready' for iPhone Duo Pre-Orders on October 12
You Can 'Get Ready' for iPhone Duo Pre-Orders on October 12
2 days ago
Apple Pay Reportedly Launching in India Today
Apple Pay Reportedly Launching in India Today
2 days ago
Apple Releases New AirPods Beta Firmware
Apple Releases New AirPods Beta Firmware
2 days ago
Apple Shares New Guide for Using iOS 27 Parental Controls
Apple Shares New Guide for Using iOS 27 Parental Controls
2 days ago

🔗 Related Apple News & Rumors

Stay updated with the latest Apple ecosystem news and verified rumors