Apple, Epic Agree to Legal Schedule for App Store Commission Proceedings

Apple and Epic Games have agreed on a legal schedule that will govern proceedings over what commissions Apple may be permitted to charge developers for external App Store purchases.



The joint stipulation, filed May 15 in the U.S. District Court for the Northern District of California, arrives shortly after the U.S. Supreme Court denied Apple's request to pause a lower court order holding the company in civil contempt. That decision effectively cleared the way for proceedings on remand over what commissions Apple may charge for linked-out purchases.


Under the newly agreed timeline, Apple has 45 days from the order's issuance to file a formal proffer proposing a new commission structure for linked-out purchases. The filing will include the evidence Apple relies on to justify its proposed fees and is limited to 30 pages.

Within 10 days of submitting that proposal, Apple must produce non-privileged documents related to the internal decision-making process behind the proposed fee structure. The company must also provide a privilege log for withheld documents. Within five days of that production, the two sides will meet to discuss the log, and Epic will have the right to designate up to 10 percent of the withheld documents for further review by a third party.

Once Apple completes its document production, Epic will have 60 days to file a response objecting to the proposed commissions and presenting its own supporting evidence. Apple will then have 30 days to submit a final 15-page reply.

Following the submission of Apple's reply, the court may hold a status conference or determine whether additional proceedings are necessary.


Please download the iClarified app or follow iClarified on X, Facebook, YouTube, and RSS for updates.