Apple doesn’t want to fight a battle on two fronts in the ongoing Epic Games case, so it has turned to the Supreme Court for a pause on proceedings in the Circuit Courts.
The Apple vs Epic case could go down as one of the more convoluted cases Apple has ever faced. The back and forth that has taken place since Epic first filed a lawsuit in 2020 will take you at least two hours to read through.
In a new filing viewed by AppleInsider, Apple has requested a stay on the mandate that would require it to reconvene with Epic in court and decide upon a new App Store commission for external purchases. It was previously granted a stay by the Circuit Court, but that stay was overturned after a complaint from Epic.
The filing makes it clear that Apple hopes to pursue its case with the Supreme Court before dealing with whatever might take place within the Circuit Courts. The entire problem that’s being challenged on both sides is Apple’s right to charge a commission on external purchases.
From the filing:
A stay is now needed before Apple is forced to litigate its commission rate under an erroneous and prejudicial contempt label— in proceedings that could reshape the global app market— before this Court can consider whether to grant review.
The Circuit Court has agreed that Apple deserves to charge something, but it disagrees with its initial implementation. When Apple was ordered to end its anti-steering practices, the new rules put in place were said to be a violation of the injunction.
As a result, Apple was punished by being forced to take zero commission on all external purchases. Since that order was placed in April 2025, Apple has complied and taken zero money on purchases made via links from apps to external platforms.
That’s where the Supreme Court comes in.
Apple’s fight in the Supreme Court
Apple is taking the case to the Supreme Court to challenge two specific aspects of the April 2025 ruling. One is a challenge to the scope of the ruling, which requires Apple to change the commission for all developers, not just Epic.
The second aspect being challenged is the contempt finding itself. Apple believes that its new external commission system followed the letter of the law, but it was violated based on the spirit of the law.
If the Supreme Court takes up the case and agrees Apple is correct on both counts, it could mean an end to the back and forth. Of course, Epic could always find some other avenue to attempt and continue proceedings.
If only the question of scope is agreed upon, and the injunction violation remains, then Apple will have to return to the District Courts. However, the discussion would be about what rate to charge Epic Games, and not the entirety of the developers in the United States.
While Apple hasn’t shared any details about its plans, that could mean a return to the previous 27% commission that caused the injunction violation to be filed in the first place. Only time will tell where all of this lands.
Apple clearly wants to avoid unnecessary litigation in the lower courts if the Supreme Court could render it all moot. Epic Games, on the other hand, believes it has Apple right where it wants them and will succeed in getting a bargain basement rate.
For now, developers in the United States continue to link outside of Apple’s App Store without paying any money. It’s not an ideal situation for Apple, especially since everyone has agreed it is owed something.
This story originally appeared on Appleinsider
