Apple: Epic Lawsuit Shouldn’t Change App Store Rules for All Developers

Apple is currently embroiled in a legal dispute with Epic Games over App Store commission rates and is challenging a recent court decision. The company argues that Epic’s concerns about Apple’s fee framework should not lead to a wide-ranging injunction that impacts all developers on the U.S. App Store, including major companies like Microsoft and Spotify, who aren’t directly part of this case.

“…Epic did not file a class action, nor did it prove the need for an injunction against Apple’s practices affecting other developers—like Microsoft or Spotify, which are unrelated to Epic,” Apple asserts in its latest petition for review to the U.S. Supreme Court regarding the lower court’s decision.

Moreover, Apple is challenging the Ninth Circuit’s civil contempt ruling concerning its compliance with the injunction. The court instructed Apple to permit developers to include links in their apps that guide users toward payment options outside of Apple’s ecosystem. Although Apple complied, it attached fees to those external transactions, which led to the contempt ruling.

The Ninth Circuit determined that charging a 27% fee on external payments contradicted the spirit of allowing such payments—a claim that is valid. However, Apple is disputing particular legal interpretations. Their recent position questions whether a federal court can hold a party in civil contempt for violating the “spirit” of an injunction when the injunction is vague and does not specifically prohibit commissions. Essentially, since it did not explicitly forbid fees on external transactions, Apple argues it has not breached any regulations.

Apple seems to have the extensive financial means to continue its legal battles, having been engaged in Epic’s initial lawsuit since 2020 without a resolution in sight.

Epic Games has characterized Apple’s recent moves as “a final Hail Mary to extend the case and evade enabling payment competition that would benefit consumers.”

Earlier this month, the Supreme Court rejected Apple’s appeal to pause further actions while it awaited clarity on the justification of the sanctions.

This week, Epic Games announced that Fortnite has made its return to the global App Store (excluding Australia), as it believes the court will rule in its favor and prevent Apple’s fee structure from staying the same.