Apple Loses Bid to Delay App Store Changes in Epic Games Lawsuit

Apple has lost its bid to pause App Store rule changes while it seeks a review from the U.S. Supreme Court in its ongoing legal battle with Epic Games.



The Ninth Circuit Court of Appeals granted a motion for reconsideration filed by Epic this week, reversing its April 6 order that allowed Apple to delay a mandate while preparing a petition for a writ of certiorari. The court's full order is available here. With the stay lifted, the mandate will now issue in its usual course.


A three-judge panel ruled that Apple failed to meet the strict requirements needed to halt the proceedings. To secure a stay, the company had to demonstrate a reasonable probability that the Supreme Court would take up the case, a significant possibility that the lower court's decision would be reversed, and a likelihood of irreparable harm if the mandate were not paused. The panel pointed out that the Supreme Court had already declined to hear Apple's previous challenges regarding the scope of the original injunction, as noted when the Court refused to hear earlier appeals.

The judges were unconvinced by Apple's legal arguments. The court wrote that Apple had not raised a substantial question for review and failed to show good cause to maintain the stay. It also rejected the claim of irreparable harm, noting that proceedings on remand would likely move forward in a similar way regardless of whether the Supreme Court ultimately decides to intervene.

This specific dispute centers on how Apple complies with a 2021 order forcing it to let developers link to outside payment methods. That ruling stems from a decision in which a judge barred Apple from restricting alternative payment links. After the initial ruling, Apple implemented a system that still charged up to a 27 percent commission on transactions made through those external links. Epic argued this effectively made alternative payments useless and took Apple back to court, eventually leading to a ruling that barred Apple from collecting commissions on external purchases.

Following the ruling, Epic Games CEO Tim Sweeney highlighted the court's reversal on X, stating that the tech giant's delaying tactics have come to an end.


The case now returns to U.S. District Judge Yvonne Gonzalez Rogers. She will oversee the upcoming hearings to establish exactly what commission Apple can legally charge developers who direct customers to alternative payment options outside the App Store ecosystem.