Supreme Court to Hear Apple's Appeal of App Store Contempt Ruling

The U.S. Supreme Court has agreed to hear Apple's appeal of a civil contempt ruling stemming from its long-running App Store antitrust dispute with Epic Games.



In a brief order on Tuesday, the justices confirmed they will review lower court decisions holding Apple in civil contempt for violating a 2021 injunction. That original order, issued by U.S. District Judge Yvonne Gonzalez Rogers, required Apple to allow iOS developers to direct consumers to alternative online payment options. While Apple ultimately allowed developers to include external payment links, it imposed a 27 percent commission on purchases completed through those outside channels.


Epic Games quickly accused Apple of flouting the injunction with the new fee structure. Following a series of hearings, Rogers held Apple in contempt and ordered the company to stop collecting the out-of-app commissions. The Ninth Circuit Court of Appeals upheld the contempt finding. However, it remanded the case for further proceedings to determine whether Apple is entitled to some level of compensation for the use of its intellectual property. The two companies recently agreed on a legal schedule for those district court hearings following the Supreme Court's earlier refusal to grant an emergency stay.

The Supreme Court's latest order limits its review to the first question presented in Apple's petition. The justices will not consider the company's separate challenge regarding the scope of the injunction. Apple argued that applying the remedy beyond Epic Games to all App Store developers violated recent Supreme Court precedent limiting broad equitable relief.

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