Apple Appeals to Supreme Court to Stay App Store Fee Contempt Ruling

Apple is heading back to the U.S. Supreme Court as it continues its years-long fight against Epic Games. On April 3, the company filed a motion to stay a mandate from the Ninth Circuit Court of Appeals while it prepares to petition the high court. At stake is a ruling that found Apple in civil contempt for its handling of external payment links and the 27% commission it charges on those transactions.



Apple's move follows a December 2025 decision where the Ninth Circuit agreed that the 27% commission on external purchases did not comply with a previous court order. The court noted the fee undermined the purpose of allowing external payments but stopped short of setting a new rate. The dispute is central to how Apple enforces its App Store rules and collects revenue from digital transactions. That original injunction forced Apple to let developers link to outside payment methods after the Supreme Court declined to hear a prior appeal in early 2024. Apple had asked for a full panel rehearing on the contempt finding, but that request was denied on March 30.


In its new filing, Apple argues that the Ninth Circuit reached its decision by looking at the "spirit" of the injunction rather than its actual text, which doesn't explicitly mention commissions. Apple says this creates a conflict with other circuit courts that typically require clear and unambiguous evidence of a violation before holding someone in contempt. Apple is also challenging the fact that the injunction applies to all developers nationwide instead of just the parties involved in the case. Apple maintains that the 27% fee is a fair way to be compensated for the use of its platform, including its software and discovery services.

This legal battle has been running since 2020, when the Epic Games lawsuit was first filed over the removal of Fortnite from the App Store. While Apple was eventually cleared of being a monopoly in a 2021 trial, the anti-steering rules have remained a major legal headache. Epic has already opposed this latest stay request, calling it another attempt to delay permanent rules that would stop Apple from charging what it calls junk fees on third-party payments.

If the Supreme Court refuses to take the case or denies the stay, Apple argues it would need to adjust its business model to comply with the court's rules before a final decision is reached. Otherwise, the case goes back to a lower court to determine exactly what kind of commission Apple is allowed to charge for purchases made outside the App Store. The final outcome could have broader implications for how Apple monetizes its App Store and how developers handle payments outside its ecosystem.