The US Supreme Court has agreed to hear Apple’s appeal of a lower court ruling that found the company in contempt of a 2021 injunction related to the Epic Games case.
The case is scheduled for the upcoming term beginning in October. The judges did not grant Apple’s request to limit the injunction to just Epic, meaning the ruling will still affect all iOS developers.
The Supreme Court will determine whether Apple’s response to the initial court order was acceptable or whether it was in contempt. The court will not consider whether Apple has a monopoly.
What is the Apple and Epic case about?
A 2021 injunction from US District Judge Yvonne Gonzalez Rogers required Apple to allow developers to direct users to payment options outside the App Store. The goal was to give developers a way to avoid Apple’s standard 15% to 30% commission on in-app purchases.
Apple responded by allowing external payment links, but imposed new restrictions and began taking a 27% commission on purchases made through those links within seven days of the link being tapped.
Epic Games argued that the 27% fee was not in compliance with the injunction. In April 2025, Rogers agreed and found that Apple willfully violated his order.
He instructed Apple to stop charging fees for purchases made outside its payment system. The Ninth Circuit upheld the contempt finding in December 2025 and said Apple could return to the district court to argue what, if any, fees could be imposed on digital goods purchased outside its system.
“This is an important question of law and we are pleased that the Supreme Court will hear our case,” Apple said. The company’s argument is that it cannot be punished for violating the “spirit” of an injunction rather than its specific wording.
“We’re going to the Supreme Court where we will continue to fight against the junk fees Apple charges on third-party payments,” Epic shared on X.
What will the Supreme Court decide?
The Supreme Court’s review will be more limited than Apple expected. The judges decided not to consider whether the injunction should apply only to Epic or the larger developer community.
The court’s remaining question is whether Apple’s actions, including the 27% external payments fee, constitute contempt of the original injunction.
Depending on the court’s decision, this decision could have an impact on App Store fee structures in the iOS ecosystem. If Apple wins, it could validate similar fee practices for external payments.
If Epic prevails, it would mean Apple could no longer use the fees to retain most of its commissions when developers use external payment systems.
Controversy going on since 2020:
- In August 2020, Epic added its own payment option to Fortnite, violating App Store rules.
- As a result, Apple removed Fortnite from the App Store, and Epic filed a lawsuit.
- In September 2021, Judge Rogers ruled largely in Apple’s favor, rejecting broad monopoly claims but ordering Apple to loosen its anti-steering rules. After the appeal ended, Apple introduced a 27 percent external payments commission in January 2024.
- In April 2025, Judge Rogers found Apple in contempt of the 2021 injunction and ordered the company to stop charging fees on external purchases.
- The Ninth Circuit upheld this contempt finding in December 2025. Fortnite returned to the US iOS App Store in 2026 after nearly five years. At present, the Supreme Court is ready to hear Apple’s appeal.
What developers and users need to know
For developers using external payment links currently under injunction, the status of the 27% fee remains in dispute during an appeal.
Apple’s fee structure has been put on hold due to the contempt decision, but the Supreme Court’s upcoming decision could reinstate, modify or eliminate it depending on the outcome.
Developers should continue to use external payment links when permitted under existing judgments and monitor the Supreme Court proceedings for updates on the fee structure.
It is also advisable to prepare business plans for both possible outcomes, as the decision can have a significant impact on the economics of external payments.
For users, the immediate impact of the case is limited. Purchases made through external payment links currently do not include the controversial 27% fee.
However, if the Supreme Court reinstates or changes the fee, developers may need to adjust their prices, passing the cost on to users.
The Supreme Court is expected to hear the case in its next term starting in October. No decision is likely to be taken until the end of this period. Both users and developers can keep track of the case through the Supreme Court website once the proceedings begin.
Thanks for being a Ghax reader. The post Supreme Court agrees to hear Apple’s appeal over 27% external payments fee in Epic contempt case appeared first on gHacks.
