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Apple escalates app store battle, plans supreme court appeal

Apple is gearing up to bring its App Store dispute with Epic Games before the United States Supreme Court.

In a recent filing, the iPhone maker indicated it intends to ask the Court to review another element of the protracted case concerning App Store fees.

Meanwhile, Apple requested a pause on the appeals court’s ruling that restricts how it can handle external payments.

On Monday, April 6, the court approved Apple’s request, prompting an immediate challenge from Epic Games.

Apple has been engaged in a multi-year legal battle with Fortnite creator Epic Games, stemming from Epic’s 2020 move to add external payment options in its app to bypass App Store fees.

In 2021, Apple largely prevailed when the court ruled it was not a monopoly, though the judge ordered that developers must be allowed to link to external payment methods.

Apple appealed the ruling all the way to the Supreme Court, which declined to hear the case, leaving the Ninth Circuit Court’s original decision in place.

Following the ruling, Apple started permitting external payments but imposed a 27% commission on purchases made through developers’ own payment systems—only slightly lower than its standard 30 per cent fee.

By comparison, Google, facing a similar case, settled with Epic Games last month and cut its Play Store commissions to 20 per cent.

Epic Games contended that Apple’s fee violated the court order, noting that developers weren’t actually saving money since payment processing itself incurs additional costs.

The U.S. District Court for the Northern District of California sided with Epic, ruling that Apple was in contempt. This decision was upheld by the U.S. Court of Appeals for the Ninth Circuit in December 2025.

The appeals court noted that Apple’s 27 per cent fee on external payments undermined the intent of allowing them, though it did not set a new fee rate.

The case is now returning to a lower court for further proceedings. (Apple requested a rehearing, which was denied in March 2026.)

With no remaining options within the Ninth Circuit, Apple is now preparing to take its case to the Supreme Court.