The core dispute is whether Apple’s external payment links and commissions outside the App Store violated the injunction, with Apple arguing the order didn’t clearly prohibit such conduct and that contempt requires explicit notice.

Apple contends the Ninth Circuit erred by holding it in contempt for violating the 'spirit' of the injunction when the wording did not expressly address the contested conduct, citing cases dating back to 1885.

Apple endorses the four-corners rule from Taggart v. Lorenzen, insisting contempt requires explicit notice in the order that a conduct is prohibited, while silence about commissions should mean no contempt; the Ninth Circuit rejected this in favor of the injunction’s broader spirit.

The Ninth Circuit upheld the contempt finding and the appellate ruling, prompting Apple to seek Supreme Court review; Epic Games will file its response in November, with Apple replying, and arguments likely in 2027.

This case traces a long arc from the 2020 Epic Games v. Apple lawsuit through district court and the Ninth Circuit, now advancing to the Supreme Court with a potential ruling in 2027.

Epic’s response is due by mid-November and Apple’s reply by mid-December; a Supreme Court decision could come as early as January 2027.

During the SCOTUS review and district court proceedings, zero commissions on external-link purchases remain in effect, and Apple’s external-payment infrastructure decisions continue amid uncertainty over the final rate.

Epic has pushed for a zero-percent allowable rate for external purchases, a stance pursued across multiple venues, including scrutiny in the EU.

Global regulators are watching closely, as the case could influence antitrust enforcement beyond the U.S. in regions like the EU, UK, Japan, and beyond, affecting cross-border enforcement of commissions and injunctions.

In the U.S., App Store transactions typically carry a 30% commission, with reductions under programs for small businesses and certain partner categories.

If the Supreme Court does not overturn the contempt ruling, Apple will revisit fee calculations in district court after the Ninth Circuit’s remand for a reasonable-fee assessment.

August 2026 proposals proposed tiered external-purchase rates, potentially as low as 5% for Small Business Program apps, reflecting ongoing negotiation of external-link fees.