On behalf of the United States Supreme Court, Justice Elena Kagan declined to put a pause on a 9th Circuit Court of Appeals ruling holding Apple in contempt of court in a lawsuit challenging App Store fees.
Epic Games, maker of the popular video game Fortnite, filed an antitrust lawsuit challenging the rules Apple has set for its App Store.
A federal judge went on to rule that Apple could not block developers from encouraging customers to buy their products from alternative marketplaces, requiring that the company allow for links directing users to non-Apple payment methods.
Apple complied but was later found in contempt for imposing a 27 percent commission on any purchases made on payment systems made outside the App Store within seven days of clicking on a link.
A 30 percent commission is charged for any purchases made within the App Store.
Epic Games argued that the 27 percent commission was in violation of the injunction, leading to a federal court declaring Apple in contempt in 2025.
The 9th Circuit Court of Appeals went on to uphold the ruling, but it allowed Apple to present arguments regarding what it believed to be a reasonable commission for outside purchases.
In a 51-page application, Apple asked the Supreme Court to stay the lower court’s ruling, arguing that it was being “forced to litigate its commission rate under an erroneous and prejudicial contempt label—in proceedings that could reshape the global app market.”
Apple is hoping that the Supreme Court will eventually review the case in full and hear oral arguments.
Epic Games, on the other hand, urged the Justices to reject the request, arguing that “there is no reason to think that in this case, Apple faces some special risk of
unfair treatment,” suggesting that a pause would “give Apple more time to continue unfairly profiting at the expense of consumers and app developers.”
Almost immediately after the company filed its opposition brief, Justice Kagan denied Apple’s request without referring the matter to the full court.
Kagan is the justice responsible for fielding emergency requests from the 9th Circuit Court of Appeals.
