Apple’s Supreme Court Bid Denied on 9th Circuit Contempt Over 27% App Store Fee
U.S. Supreme Court refused to pause the 9th Circuit’s contempt order over Apple’s 27% external payment commission in the Epic Games antitrust dispute. The ruling forces Apple to face potential injunction enforcement while regulators worldwide monitor how the decision may reshape App Store commission policies.
1. Supreme Court Denies Stay
The U.S. Supreme Court refused Apple’s request to pause the 9th Circuit Court of Appeals’ contempt order that held Apple in violation of the 2021 injunction in the Epic Games antitrust dispute. Apple had sought the delay to file a full appeal before facing enforcement of changes to its App Store policies.
2. 27% External Payment Fee Contention
Under the contested rule, Apple imposed a 27% commission on purchases made through third-party payment links within seven days of link activation, which Epic Games argued violated the original injunction requiring only link inclusion. The 9th Circuit’s decision upheld the contempt finding but granted Apple the chance to argue for a lower fee rate.
3. Global Antitrust Implications
Regulators in major markets are watching the case to determine permissible commission rates on digital goods outside the U.S., with the outcome poised to influence future antitrust guidelines. Industry participants and developers await clarity on how enforcement of the contempt order will reshape App Store revenue models.