Observed Signal · Nov 10, 2021 · Regulation · Source: OnlineMarketing.de · Impact: 4/5 · Sentiment: Neutral
Court settles Apple-Epic dispute: must allow alternative payments
A U.S. court ruling in the Apple vs. Epic Games dispute found that Apple did not violate antitrust laws by removing Epic’s Fortnite from the App Store, and that restoring Epic’s seller profile was not required. In the same decision, the court ordered Apple to allow links to external payment methods within apps, enabling alternative payment options as of December 9, 2021. Epic argued updating anti-steering policies would take months or years, while Apple’s attorney Mark Perry described live links in an app for digital content as unprecedented and highly complex, requiring guardrails. Apple has appealed the external-link requirement, and the judge criticized Apple for not seeking an extension before filing the appeal. The deadline could shift, keeping the dispute’s outcome unresolved and the external-link mandate under ongoing scrutiny.
Major platform regulatory/legal decision affecting Apple App Store monetization and antitrust context.
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Key Takeaways & Evidence Grounding
- Judge Yvonne Gonzalez Rogers ruled Apple did not violate antitrust by removing Epic's Fortnite from the App Store.
- The ruling required Apple to allow links to external payment methods in apps, effective December 9, 2021.
- Apple plans to appeal the external-link requirement.
- Apple's lawyer Mark Perry called live links in apps for digital content unprecedented and highly complex.
- The judge criticized Apple for not seeking a time extension before appealing.
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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 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.
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.
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