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Apple takes the App Store Epic contempt ruling to the Supreme Court over external payment links

Apple petitioned the Supreme Court to review the Epic contempt ruling over App Store external payment links and the injunction scope for US developers.

Apple filed a petition with the U.S. Supreme Court in May 2026, asking the justices to review the contempt ruling in the Epic Games case — the finding that Apple violated the 2021 injunction by charging commissions on external payment links in the App Store.

The petition comes after the Ninth Circuit upheld the district court’s contempt finding. The Supreme Court is scheduled to consider the petition at its conference on June 25, 2026, before the justices break for summer. A decision on whether to take the case is expected in late June or early July.

The two arguments Apple is making

Apple’s petition targets two distinct issues, not the injunction itself.

The first concerns the contempt finding. Apple argues the 2021 injunction required it to allow external payment links, but said nothing about commissions. The company contends that charging 12–27% on purchases made through those links did not violate the explicit terms of the order, and that holding it in contempt for breaching the “spirit” of an injunction rather than its text sets a dangerous precedent. Apple’s petition describes this standard as “an amorphous, know-it-when-you-see-it inquiry” that misuses the contempt power.

The second concerns the scope of the injunction. Apple challenges the ruling’s application to all millions of registered developers on the U.S. App Store storefront, not just Epic Games, which was the actual party to the case. To support this argument, Apple cites the Supreme Court’s recent decision in Trump v. CASA, where the justices narrowed the use of “universal injunctions” that extend relief to non-parties.

Epic disputes both arguments. Natalie Munoz, Epic’s director of corporate communications, called the petition “one last Hail Mary to delay a conclusion to this case” and accused Apple of designing “sham compliance” intended to prevent payment competition from taking hold.

What developers can do today

Since April 2025, Apple has charged zero commissions on external payment links in the U.S. App Store. That change followed the contempt finding, and it remains in effect today. Developers who have already implemented external payment links on the U.S. storefront are operating without any Apple fee on those transactions. For context on recent App Store pricing changes, see also App Store price updates for South Korea and Latvia.

Developers who haven’t implemented external links yet are in a holding pattern. How the Supreme Court rules, or whether it takes the case at all, could change the terms under which those links are permitted, or redefine which developers fall within the injunction’s scope.

One distinction worth keeping clear: this case applies only to the U.S. App Store storefront, and derives from the Epic injunction. The situation in Europe operates under a completely different framework, the Digital Markets Act, which led Apple to introduce alternative payment options there through a separate regulatory track. The two contexts are not equivalent.

After June 25: the scenarios

The Supreme Court has three main options: decline the petition, accept it for a full merits ruling, or accept it on only one of the two contested issues.

If the Court declines, the current injunction stays intact: external links permitted, zero commissions, coverage extended to all U.S. storefront developers. That’s the status quo since 2025.

If the Court accepts the case and sides with Apple on the first point, commissions on external payment links could return at some level courts deem consistent with the original order. If it sides with Apple on the second point, the injunction’s reach could be limited to Epic alone, removing the broader protection for other developers.

Apple’s petition does not speculate on outcomes: it asks the Court to clarify the legal principles. Epic has not issued additional statements beyond the one already on record.

June 25 is the date to watch

The Supreme Court’s June 25 conference will determine whether this case moves forward. If the justices accept it, oral arguments and a decision would follow in the next term. If they decline, the current framework stays in place and Apple’s appellate options in the federal system are effectively exhausted.

Developers who have already integrated external payment links on the U.S. storefront should treat June 25 as a checkpoint before making any long-term architectural decisions that assume zero commissions are permanent — because that permanence is not yet settled.

Luca
Luca

Software developer, Apple user since 2012. I cover news and tools for developers building on Apple platforms.

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