Apple filed a petition with the U.S. Supreme Court in May 2026 asking it to narrow the App Store injunction won by Epic Games and overturn a contempt ruling related to external payment fees — the latest move in a legal battle that has now stretched more than five years.
At the center of the dispute is a court order requiring Apple to allow developers to include links in their apps directing users to payment options outside of Apple’s own system. Apple complied by permitting those links, but charged a 27% fee on purchases made through them. The Ninth Circuit found that charging those fees defeated the purpose of the injunction and held Apple in civil contempt.
Apple is now challenging that contempt order on legal grounds, arguing that the injunction never explicitly prohibited fees on external purchases and therefore left room for interpretation. The company contends it cannot be held in contempt for violating the “spirit” of an order that did not specifically address commissions.
Apple is also pushing back on the injunction’s broad scope. In its petition, Apple argues that Epic’s lawsuit was not a class action and that the resulting injunction should not apply to all U.S. App Store developers — including companies like Microsoft and Spotify, which were not party to the litigation. “Epic never brought a class action and never attempted to show that enjoining Apple’s conduct against all other developers — like Microsoft or Spotify, who have nothing to do with Epic — was somehow necessary to provide relief to Epic,” the petition states.
Epic Games called Apple’s petition “one last Hail Mary to delay a conclusion to this case and avoid opening up the gates to payment competition for the benefit of consumers.” Earlier in May 2026, the Supreme Court declined Apple’s request to pause additional proceedings while it considered the sanctions question. Epic also announced that Fortnite had returned to the App Store globally, except in Australia, citing confidence that Apple’s current fee structure would not survive court scrutiny.
The outcome could affect how app developers across the U.S. are able to direct users to alternative payment methods — and what, if anything, Apple can charge when they do.
Source: TechCrunch