Apple is set to bring its App Store dispute with Epic Games to the Supreme Court. The tech giant plans to seek a Supreme Court review of a new aspect of the ongoing case concerning App Store fees. Meanwhile, Apple aims to delay the appeals court’s decision that limits how it charges for external payments.
To recall, Apple has been legally battling Fortnite’s creator, Epic Games, since 2020, after Epic bypassed Apple’s App Store fees by introducing external payments in its app. Apple mostly prevailed in the 2021 trial as the court ruled Apple was not a monopoly, but it was required to allow developers to link to external payment methods.
Apple appealed this decision to the Supreme Court, which decided not to hear the case, leaving the ruling by the Ninth Circuit Court in place. Thus, Apple started allowing external payments but imposed a 27% fee on developers using their payment systems, a minimal reduction from its typical 30% charge. On the other hand, Google, facing a similar situation, settled with Epic Games and reduced its Play Store commissions to 20%.
Epic Games contended that Apple’s fee did not comply with the court ruling, and developers weren’t saving money since payment processing also incurs costs.
The U.S. District Court for the Northern District of California agreed with Epic, finding Apple in contempt. That 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% fee for external payments defeated the purpose of allowing them but didn’t propose a new rate. The decision is now back in a lower court to decide. Apple sought a rehearing, which the Ninth Circuit denied in March 2026.
With no further options in the Ninth Circuit, Apple plans to take the case to the Supreme Court. If heard, Apple intends to challenge the legal standards that found it in contempt and argue that courts shouldn’t limit the fees it charges for its services. Apple maintains the 27% fee covers services like hosting, discovery, software, and developer tools, reflecting the App Store’s ecosystem value.
However, given the Supreme Court previously refused to hear Apple’s different case aspect, it might also reject this one. The issue will return to a lower court to decide the commission Apple can impose on external purchases.
The court’s ruling, when finalized, could influence Apple’s App Store revenue, especially with consumers increasingly using AI chatbots and agents.
An Epic Games spokesperson, Natalie Munoz, described Apple’s motion to stay as a “delay tactic” to avoid establishing limitations on Apple’s fees for third-party payments. She noted, “Courts have consistently found this to be illegal.” Epic has heard directly from developers keen to offer Web Shops and similar features in competition with Apple. Due to Apple’s tactics, only a few developers, like Spotify, Kindle, and Patreon, have utilized this opportunity to benefit consumers. “We will keep standing up to Apple’s attempts to undermine competition,” she stated.
Updated after publication with Epic’s comment.