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Apple to seek Supreme Court review in Epic Games dispute
Apple said in a court filing that it will ask the US Supreme Court to review a ruling in its App Store case with Epic Games.
It is also seeking to pause an appeals court decision.
The ruling limits how Apple can charge for purchases made through external payment links, including its 27% fee.
The dispute began after Epic added external payments to Fortnite in 2020 to avoid Apple’s App Store fees.
A judge later ordered Apple to let developers link to outside payment options, and a California court then held Apple in contempt after Epic argued the 27% fee defeated that order.
The Ninth Circuit upheld that finding in December 2025, and a lower court will now decide what, if any, commission Apple can charge outside the App Store.
🔗 Source: TechCrunch
🧠 Food for thought
Implications, context, and why it matters.
Apple faces findings of perjury and anticompetitive intent
- A federal judge found Apple willfully violated a court injunction through its 27% fee and restrictive link designs, not only a dispute over fees 1.
- Internal records say Apple picked what the court called its “most anticompetitive option”. Staff also discussed using confusing wording to “‘scare’ users” away from external payment links 1.
- The court said an apple executive lied under oath about when the 27% fee was set and why. The judge referred the matter to the U.S. Attorney’s Office (the federal prosecutor) to consider criminal contempt for Apple and the executive 1.
- Microsoft and Spotify, plus state enforcers, filed legal briefs that support Epic’s position 2.
The dispute reaches beyond apps into AI and future platforms
- Apple argues the commission is a fee for “ecosystem access” rather than payment processing. That framing matters to its long-term strategy 3.
- Apple’s Supreme Court appeal seeks a precedent that lets platforms set ecosystem commission rates even when a transaction happens elsewhere 3.
- If Apple wins, it could extend similar fees to purchases made through emerging tech. One example involves AI assistants that complete transactions outside the usual App Store interface 3.
- The U.S. fight runs alongside pressure abroad, including the EU’s Digital Markets Act (DMA), a European Union law that limits the market power of large online platforms. The DMA pushed Apple to change EU fees and add extra charges under some conditions 4.
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