Apple Inc. has announced it will petition the US Supreme Court to review a key ruling in its long-running legal battle with Epic Games Inc. over App Store fees. The move comes after the US Court of Appeals for the Ninth Circuit upheld a contempt finding against Apple in December 2025.
The core dispute centres on whether Apple's 27% commission on purchases made outside its App Store ecosystem complies with a previous court order. Apple is now seeking to pause the appeals court's ruling as it prepares its Supreme Court challenge.
Background of the Legal Battle
The conflict began in 2020 when Epic Games, maker of the popular game Fortnite, introduced an external payment system within its iOS app to circumvent Apple's standard 30% commission. Apple removed the app, prompting Epic to file an antitrust lawsuit. In 2021, a US District Court largely ruled in Apple's favour, finding it was not a monopoly, but ordered the company to allow developers to link to external payment options.
Apple appealed aspects of that ruling to the Supreme Court, which declined to hear the case in 2024, letting the Ninth Circuit's decision stand. In response, Apple began permitting external payments but imposed a 27% commission on those transactions.
The Contempt Finding and Appeal
Epic Games argued this fee was non-compliant, as it negated potential savings for developers who also face payment processing costs. The US District Court for the Northern District of California agreed, holding Apple in contempt. This decision was affirmed by the Ninth Circuit Court of Appeals, which stated the fee "effectively defeated the purpose" of allowing external links but did not prescribe an alternative rate.
Apple's request for a rehearing on this decision was denied in March 2026, leaving the Supreme Court as its final avenue for appeal within the US judicial system.
Apple's Argument and Potential Impact
In its planned appeal, Apple is expected to contest the legal standards used for the contempt finding. The company argues the 27% fee is not for payment processing but for the value provided by the App Store ecosystem, including hosting, discovery services, and developer tools. A Supreme Court decision could fundamentally shape how much commission Apple can charge on external purchases, impacting a significant revenue stream for the tech giant.
The issue now returns to a lower court to determine what commission, if any, Apple may legally charge. This ruling arrives as consumer behaviour shifts, with increasing use of AI chatbots and agents for tasks traditionally done through apps.
In a related case, Google settled with Epic Games last month, agreeing to reduce its Play Store commissions to 20%.