Apple Loses Bid to Pause App Store Injunction Over External Links

The U.S. Court of Appeals for the Ninth Circuit has denied Apple's emergency motion for a partial stay of a lower court's injunction, which had imposed new restrictions on the company's App Store practices regarding external purchase links. The ruling, issued June 4, 2025, means Apple must continue to comply with the stricter terms while its broader appeal in the ongoing case with Epic Games proceeds.

Apple had filed the emergency motion on May 7, 2025, seeking to suspend specific prohibitions from the new injunction imposed by U.S. District Judge Yvonne Gonzalez Rogers on April 30, 2025. These included rules preventing Apple from charging commissions on purchases made via external links and from setting conditions on the language, placement, or flow of buttons and links directing users to those external options.

In its decision, the Ninth Circuit panel, consisting of S.R. Thomas and M. Smith, Circuit Judges, and McShane, Chief District Judge, stated, "In deciding whether to impose a stay, we consider: '(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.'" The court concluded, "Apple 'bears the burden of showing that the circumstances justify an exercise of [our] discretion.' After reviewing the relevant factors, we are not persuaded that a stay is appropriate." The court also granted outstanding motions for leave to file amicus briefs.


The April 30 ruling by Judge Rogers found Apple in civil contempt of a 2021 injunction. That order immediately barred Apple from imposing any commission or fee on purchases consumers make outside an app via external links and prohibited restrictions on how developers present these links. Apple had previously stated it would comply with the court's order but intended to appeal.

Following the Ninth Circuit's denial, Epic Games CEO Tim Sweeney posted on X: "Apple's stay is denied by the 9th Circuit Court. The long national nightmare of the Apple tax is ended. May next week's WWDC be the Apple-led celebration of freedom that developers and users have long deserved."

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