Apple Petitions Supreme Court to Review App Store Contempt Ruling in Epic Games Case
Apple petitioned the U.S. Supreme Court to overturn a contempt ruling stemming from its Epic Games lawsuit. The case centers on whether Apple's 27% commission on third-party payment purchases violated a 2021 court injunction requiring it to allow App Store links to external payment methods.
- Apple petitioned the U.S
- Supreme Court to reverse a contempt ruling over its 27% commission on App Store-linked external purchases, escalating its years-long legal battle with Epic Games
Apple filed a petition with the U.S. Supreme Court on May 21, 2026, asking justices to review a lower court ruling that found the iPhone maker in civil contempt for imposing a 27% commission on App Store-linked external purchases. The move escalates a legal battle that began when Epic Games sued Apple in 2020.
The core of the dispute is App Store fee control. Epic Games, maker of Fortnite, sued Apple in 2020 challenging its 30% commission and exclusive control over in-app transactions. A court dismissed most claims but issued an injunction in 2021 requiring Apple to let developers include links to third-party payment methods. Apple complied with the link requirement but imposed a 27% commission on purchases made via external payment systems within seven days of clicking those links. Epic argued this violated the spirit of the injunction, and in 2025 a court held Apple in civil contempt.
Two Legal Arguments Before the Supreme Court
- Scope: The injunction should not apply to millions of developers since Epic is the only plaintiff and the case is not a class action
- Letter vs. spirit: Apple cannot be held in contempt for violating the implied "spirit" of an injunction that did not explicitly prohibit the conduct
Apple has denied any wrongdoing. Epic Games did not immediately respond to requests for comment.
9th Circuit — Contempt Upheld, But Commission Level Reopened
Apple appealed the contempt finding, and in December 2025 the 9th U.S. Circuit Court of Appeals upheld the contempt ruling but said Apple could make new arguments in the trial court about what commission level it should be allowed to charge for digital goods purchased via third-party payment systems reached through App Store links. The existence of some fee is implied; the permissible level is still being contested.
We believe we have acted lawfully at every step of this process, and we have complied with the court's order.
Apple statement
What's at Stake for App Store Revenue
If the Supreme Court agrees to hear the case, the ruling could reshape Apple's entire App Store external payment policy in the US. The EU already compelled Apple to allow third-party app stores and payment methods under the Digital Markets Act. South Korea passed a law banning mandatory in-app payment systems in 2021. A Supreme Court decision would set the definitive US standard for App Store commerce rules.
AAPLFrequently Asked Questions
Why did Apple petition the Supreme Court?
Apple wants the Supreme Court to reverse a contempt finding for imposing a 27% commission on purchases made via external payment systems linked from the App Store. Apple argues the injunction shouldn't apply to all developers since Epic alone was the plaintiff, and that it can't be held in contempt for violating the implied "spirit" of an order that didn't explicitly ban the conduct.
What is the history of the Epic vs. Apple lawsuit?
Epic sued Apple in 2020 → 2021 injunction requiring external payment links → Apple imposed 27% commission → 2025 civil contempt ruling → 9th Circuit upheld contempt in December 2025 → Apple petitioned the Supreme Court in May 2026.
What is the 27% commission Apple charged?
After the 2021 injunction, Apple allowed links to third-party payment systems but charged a 27% commission on purchases made through those external systems within seven days of the link click — down slightly from the standard 30% App Store cut, but Epic argued it still violated the injunction.
What happens if the Supreme Court takes the case?
A Supreme Court ruling would establish the definitive US legal standard for App Store external payment policies. An Apple victory preserves the fee structure; a loss could force Apple to redesign its entire App Store commerce model.
Have other countries already regulated this?
Yes. The EU forced Apple to allow third-party app stores and payment methods under the Digital Markets Act. South Korea enacted a law banning mandatory in-app payment systems in 2021. A US Supreme Court decision would determine whether American law follows the same trajectory.
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