Apple has mounted a counteroffensive in its years-long legal battle with Epic Games, invoking a recent U.S. Supreme Court ruling on federal agency authority to challenge a previous court order mandating the App Store to allow external payment links. Apple contends that the original ruling overstepped judicial bounds and should be overturned.
According to a report by Apple Insider, the company is now grappling with the ramifications of the 2021 Fortnite verdict, which required Apple to permit apps listed on the App Store to direct users to external payment options and cease imposing a 27% commission on such transactions. Although Apple chose not to appeal the main judgment at the time, it has remained staunchly opposed to the supplementary injunction applying this requirement to all developers—prompting this latest legal maneuver.
In a newly filed motion, Apple argues that the initial dispute concerned a contractual disagreement solely between itself and Epic Games. However, U.S. District Judge Yvonne Gonzalez Rogers of the Northern District of California expanded the injunction’s applicability to encompass all developers nationwide—an overreach, Apple claims, that exceeded the court’s jurisdiction and discretion.
Apple’s appeal strategy leans heavily on the Supreme Court’s recent reinterpretation of administrative and federal agency powers, which imposes stricter scrutiny and legal authority requirements on judicial decisions. Citing this precedent, Apple asserts that the lower court’s sweeping and permanent order affecting “all developers” was an unauthorized exercise of power.
Specifically, Apple seeks to nullify the “civil contempt order” issued in 2021, which mandates changes to App Store policies to allow developers to guide users to third-party websites for payments through buttons or external links.
Although Apple has since adjusted its policies to comply with the order, it continues to impose a 27% “processing fee” on external payments and has placed strict limitations on how developers may design these external links—provoking criticism from developers who say such measures amount to thinly veiled obstruction.
Reuters, citing several legal experts, notes skepticism about the legal foundation of Apple’s argument. While the Supreme Court has recently reined in federal agency authority, district courts still retain broad discretion over commercial conduct and antitrust matters. Some attorneys further argue that Apple’s failure to appeal the original ruling, coupled with its current attempt to overturn a single injunctive clause, may appear to be a strategic gambit unlikely to garner judicial sympathy.
Moreover, the contested injunction was issued as a remedy for violating California’s Unfair Competition Law (UCL), rather than strictly as a contractual matter. Even if Apple claims the order should not apply to non-party developers, the injunction targets the operational mechanics of the App Store itself—providing it with a sound legal footing.
Should Apple’s appeal succeed, the district court’s mandate requiring support for external payment links would be rescinded. This would mean that, aside from Epic’s games, other developers may no longer be allowed to legally include external payment options within iOS apps—preserving Apple’s tight grip over platform monetization.
Such a decision could disrupt services like Spotify and Netflix, which have embraced external payment models, and provoke a fierce backlash from the developer community. Apple’s steep commissions and payment restrictions have long been sources of resentment, and a reversal of the court’s mandate could reignite debates around platform monopolies and market fairness.
The case remains under appellate review, with the Ninth Circuit Court of Appeals expected to decide in the coming weeks whether to hear Apple’s new arguments. Should the court agree to proceed, this once-settled legal saga may once again become a lightning rod for global developers and the broader tech industry.
Related Posts:
- The Supreme Court of India decided to maintain the ruling of the Indian central bank to ban virtual currency
- Apple Appeals App Store Ruling in Epic Games Case
- Apple Revises U.S. App Store Rules After Court Ruling in Epic Games Case
- Epic Games blames the Meltdown CPU bug for Fortnight downtime
- Apple Appeals €500M EU DMA Fine: Challenges “Unprecedented” Ruling on App Store Policies
Support Our Threat Intelligence
If you find our CVE report and cybersecurity news helpful, consider supporting our work.