Observed Signal · Sep 23, 2021 · Regulation · Source: OnlineMarketing.de · Impact: 3/5 · Sentiment: Neutral
Epic Games Appeals Against Apple Over App Store Fees
Epic Games, the maker of Fortnite, has filed an appeal against Apple following a mixed court ruling on App Store practices. The ruling allows Apple to continue charging a 15-30% commission on in‑app purchases, while granting some flexibility regarding third‑party app stores. Epic plans to contest the decision with a revision. In a late update, Tim Sweeney stated that Fortnite and other Epic Games apps would remain blacklisted from Apple’s ecosystem for the duration of all appeals, potentially up to five years. Apple has not commented on the published documents. The article also references ongoing criticism of App Tracking Transparency, using Facebook as an example, as part of broader scrutiny of platform practices.
Significant implications for app store monetization and platform governance.
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Key Takeaways & Evidence Grounding
- Epic Games filed an appeal against Apple following a mixed court ruling on App Store practices.
- The ruling allows Apple to continue charging a 15-30% commission on in-app purchases.
- Fortnite and other Epic Games apps were blacklisted from Apple’s ecosystem during the appeals process, potentially for up to five years.
- Tim Sweeney stated Fortnite would remain unavailable on the App Store until all court appeals are exhausted.
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Recent verified developments and strategic activity across this market segment.
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.
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.
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