WASHINGTON, D.C. — Apple has petitioned the Supreme Court to reverse a contempt finding related to App Store fees. The contempt finding originated from a case in which Epic Games accused Apple of violating a judicial order regarding App Store payment methods.
A prior judicial order required Apple to allow developers to include links to make payments outside the Apple ecosystem. Apple implemented this requirement by charging a 27 percent commission for transactions facilitated through those links.
On December 31, 2024, the 9th Circuit Court of Appeals concluded that Apple violated the spirit of the judicial order by charging fees that had a prohibitive effect on developers. Apple argued in its petition that the 9th Circuit’s approach conflicts with contempt standards in other circuits, which require defiance of explicit language in a judicial order.
The Supreme Court confirmed it will consider whether a court may hold a party in civil contempt based on a violation of an injunction’s spirit where the injunction is silent on the conduct. Apple stated in its filing that millions of app purchases could be impacted by the outcome of the case. Apple claims that commission fees ensure compensation for the use of its IP-protected tools, technologies, and services.
Epic Games stated on X that it will continue to fight against the fees Apple charges on third-party payments. The Supreme Court is likely to hear the case during its next term, which begins in October.
Why It Matters
This case involves a legal dispute over the interpretation of judicial orders concerning digital storefront practices. The Supreme Court's decision will establish precedent on how courts determine civil contempt in cases where an injunction's explicit language may not cover specific actions. The outcome could affect payment structures for millions of app purchases, potentially influencing financial models for app developers and platform providers.
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