Apple has submitted a petition to the Supreme Court seeking to overturn significant lower court decisions related to the App Store injunction in its ongoing dispute with Epic Games. The conflict started in 2020 when Epic Games circumvented Apple’s In-App Purchase (IAP) system in Fortnite, resulting in the game’s removal from the App Store and a subsequent lawsuit from Epic.
Although courts have generally supported Apple’s App Store framework and dismissed Epic’s wider antitrust allegations, a ruling in 2021 permitted developers to guide users to alternative payment methods outside of Apple’s IAP system. Apple revised its policies but instituted new limitations, resulting in a contempt finding against the company for failing to adhere to the original injunction.
Apple’s appeal to the Supreme Court presents two primary issues: whether it should have been deemed in contempt for levying commissions on external transactions, and the extent of the injunction, which Apple argues goes beyond the involved parties. The Ninth Circuit upheld the contempt ruling based on the “spirit” of the injunction, a determination Apple disputes, contending that a definitive prohibition is required for contempt findings.
Moreover, Apple asserts that the injunction impacts all developers on the U.S. App Store, which contradicts a previous Supreme Court ruling that curtailed broad injunctions. The Supreme Court has previously opted not to entertain earlier appeals from either side and has recently rejected Apple’s motion to suspend the case. Nonetheless, the current filing aims for a reassessment of the case, with a possible ruling from the Supreme Court anticipated by late June or early July.