Apple Asks Supreme Court to Review App Store Contempt Ruling

Apple contiguous formally asked the U.S. Supreme Court to reappraisal the bid of rulings that led to changes to App Store linking rules and fees successful the United States.


In 2021, Apple mostly won its ineligible quality with Epic Games, but Judge Yvonne Gonzalez Rogers ordered Apple to relax its anti-steering rules and fto developers nexus to alternate outgo options successful apps. Apple complied, but charged a 12 to 27 percent interest connected link-outs alternatively of its modular 15 to 30 percent fee. When taking into relationship fees from outgo processors, determination was small to nary discount to developers, and fewer opted in. Apple besides restricted fastener design, limiting developers to a azygous plain substance link.

‌Epic Games‌ went backmost to Gonzalez Rogers and said Apple was successful usurpation of the court's order, and she agreed. In April 2025, she recovered Apple in contempt of court for willfully violating that 2021 injunction. Apple was past barred from collecting immoderate fees connected links successful the U.S. ‌App Store‌, and it has collected nary wealth for link-outs successful third-party apps since then.

Apple appealed, and the Ninth Circuit Court of Appeals agreed Apple was successful contempt of court, but said Apple should beryllium capable to complaint a tenable interest for its intelligence property. Apple does not privation courts deciding the fees it is capable to collect, truthful it is present asking the Supreme Court to perceive the case.

Apple has 2 main issues with the appeals tribunal ruling. First, Apple says holding it successful civilian contempt was not due due to the fact that the archetypal injunction did not forestall it from charging developers a interest erstwhile linking to third-party outgo options. The territory tribunal and the appeals tribunal agreed that Apple violated the "spirit" of the injunction by charging a precocious fee. Apple argues that anterior tribunal decisions person lone held a enactment successful civilian contempt erstwhile an bid has been "clearly and unambiguously" violated. A contempt ruling based connected "spirit" is simply a "recipe for abuse," Apple says.
Federal Rule of Civil Procedure 65 reinforces this knowing by demanding specificity successful injunctions to guarantee wide notice. The Ninth Circuit's spirit-based enquiry is antithetical to these requirements. Under that rule, the potent limb of contempt turns connected an amorphous, know-it-when-you-see-it enquiry that permits a tribunal to enforce contempt simply by declaring a usurpation of an order's "spirit."
As it has done successful respective different tribunal filings, Apple besides cites Trump v. CASA, a ruling that said little courts bash not person the authorization to contented cosmopolitan injunctions to artifact nationwide policies. Apple says the tribunal ruling requiring it to driblet fees for each developers goes acold beyond the scope of the ‌Epic Games‌ case, and immoderate alleviation ordered by the tribunal should beryllium constricted to ‌Epic Games‌.
Yet the injunction present enjoins Apple and the commissions it tin complaint with respect to millions of registered worldwide developers that are not parties to this case. It does truthful adjacent though Epic ne'er brought a people enactment and ne'er attempted to amusement that enjoining Apple's behaviour against each different developers—like Microsoft oregon Spotify, who person thing to bash with Epic—was someway indispensable to supply alleviation to Epic.
According to Apple, the contempt ruling based connected "spirit" and the bid applicable to each developers "have combined to make an injunction that whitethorn reshape the planetary app marketplace."

Apple wants the appeals tribunal ruling thrown retired entirely, with nary tribunal input connected the fees that it charges. Failing that, Apple argues immoderate bid should beryllium applicable lone to ‌Epic Games‌ and not to each developers who connection apps done the U.S. ‌App Store‌.

‌Epic Games‌ and Apple agreed to an expedited docket and Apple's petition volition beryllium considered connected June 25. Apple expects a determination connected whether the Supreme Court volition perceive the lawsuit by the clip the justices recess for the summertime successful precocious June oregon aboriginal July.

Apple antecedently asked the Supreme Court to measurement successful connected its ineligible combat with ‌Epic Games‌ successful January 2024, but the justices declined to perceive the case. Justice Elena Kagan besides precocious denied Apple's petition for a enactment of the interest calculation mandate portion Apple waits to perceive from the Supreme Court.
This article, "Apple Asks Supreme Court to Review App Store Contempt Ruling" archetypal appeared connected MacRumors.com

Discuss this article successful our forums