Observed Signal · Apr 6, 2026 · Legal Appeal · Source: techcrunch · Impact: 4/5 · Sentiment: Neutral
Apple Appeals App Store External-Payments Ruling
Apple has filed to ask the U.S. Supreme Court to review a Ninth Circuit ruling that limits how it can charge for external payments tied to App Store apps. The company is also seeking a stay of the appeals court’s contempt finding that its 27% commission on purchases using developers’ own payment systems undermined the court-ordered right to link to external payment options. The dispute stems from Epic Games adding external payments to Fortnite in 2020 to bypass App Store fees; lower courts and the Ninth Circuit found Apple in contempt in December 2025 and sent the issue back to a lower court. Apple argues the fee reflects broader App Store services, while Epic and developers say the charge defeats the court’s intent. Epic spokesperson Natalie Munoz criticized Apple’s stay request as a delay tactic.
A major platform (Apple) is seeking Supreme Court review of how it can charge commissions on external in-app payments; the outcome could materially change App Store economics, developer revenue, payment flows, and platform regulatory precedent.
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Key Takeaways & Evidence Grounding
- Apple plans to ask the U.S. Supreme Court to review a Ninth Circuit ruling limiting how it can charge for external payments in App Store apps.
- Apple is seeking a stay of the appeals court’s December 2025 decision that found the company in contempt for charging a 27% commission on external payments.
- The dispute originates from Epic Games adding external payments to Fortnite in 2020 to bypass App Store fees; lower courts previously required Apple to allow links to external payment options.
- Google recently settled a similar case with Epic and reduced Play Store commissions to 20%; Epic says Apple’s 27% fee undermines the court order and harms developers.
- Epic Games spokesperson Natalie Munoz called Apple’s motion to stay a delay tactic; Apple argues the fee covers hosting, discovery, software and developer tools.
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Court Keeps Apple App Store Payment Link Changes Active
The U.S. Court of Appeals for the Ninth Circuit granted Epic Games’ motion to reverse a prior stay, ordering that Apple must continue to allow developers to include links to external payment options in iOS apps without charging commissions. The decision reverses an earlier order that temporarily paused App Store payment changes while Apple sought Supreme Court review. Epic called Apple’s attempt to pause the changes a delay tactic. The court found Apple had not shown good cause that it would suffer irreparable harm if the changes remained in place. The case is headed toward possible Supreme Court review; its final outcome will determine whether and how Apple can collect fees on purchases made outside the U.S. App Store.
Apple asks Supreme Court to limit App Store injunction
Apple has petitioned the U.S. Supreme Court to review a Ninth Circuit ruling in the long-running Epic Games case, arguing that any injunction altering App Store rules should not apply to all developers. In its petition Apple says Epic never sought class action status and did not demonstrate that injunctive relief must extend to unrelated developers such as Microsoft or Spotify. Apple also challenges the Ninth Circuit’s civil contempt finding over Apple’s practice of allowing links to external payment options while still charging fees on those external transactions (the court highlighted a 27% fee). The Supreme Court recently declined Apple’s request to pause additional contempt proceedings. Epic criticized Apple’s petition as a delay tactic; Epic has said Fortnite is back on the App Store globally except Australia.
Apple proposes 15% commission on external app purchases
Apple filed a proposal in the U.S. District Court for the Northern District of California seeking to charge commissions on purchases completed via external links or payment systems outside the App Store, with a tiered structure: 15% for standard apps, 10% for Video Partner, News Partner and Mini Apps Partner participants and for subscription renewals, and 5% for Small Business Program developers. The filing asks Judge Yvonne Gonzalez Rogers to refer Apple and Epic Games to a confidential settlement conference before Magistrate Judge Joseph C. Spero; Apple said it approached Epic on August 11 but Epic did not consent. Epic rejects the proposed fees as inconsistent with Ninth Circuit guidance. The disclosure follows the Supreme Court’s refusal to pause lower-court proceedings tied to Apple’s litigation with Epic and alleged contempt over a 27% off‑App Store charge; Apple defended the fees as recouping App Store investments and compared them to Google Play rates.
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