Apple is gearing up to escalate its legal confrontation with Epic Games by petitioning the U.S. Supreme Court. In a recent filing, the company announced its intention to request a review of a specific facet of the protracted App Store fee litigation. Concurrently, Apple moved to suspend an appeals court decision that restricts its ability to impose charges on external payments. On April 6, the court approved this motion, prompting an immediate challenge from Epic Games.
The conflict traces back to 2020 when Epic Games, creator of Fortnite, integrated external payment mechanisms into its app to circumvent Apple’s App Store fees. In 2021, Apple secured a partial victory as a court determined the company did not constitute a monopoly. However, the ruling mandated that Apple permit developers to include links to alternative payment options. Apple contested this aspect, appealing to the Supreme Court, which declined to hear the case, thereby upholding the Ninth Circuit Court’s initial decision.
As a result, Apple began allowing external payments but imposed a 27% commission on purchases processed through developers’ own systems—a marginal reduction from its standard 30% fee. In contrast, Google recently settled a similar dispute with Epic Games, lowering its Play Store commissions to 20%. Epic Games argued that Apple’s fee violated the court order, asserting that developers saw no financial benefit due to additional payment processing costs. The U.S. District Court for the Northern District of California sided with Epic, holding Apple in contempt, a stance affirmed by the U.S. Court of Appeals for the Ninth Circuit in December 2025.
The appeals court concluded that Apple’s 27% charge effectively nullified the purpose of permitting external payments, though it did not propose an alternative rate. This matter has been remanded to a lower court for further deliberation. Apple’s subsequent request for a rehearing was denied in March 2026, exhausting its options within the Ninth Circuit and prompting the move to the Supreme Court.
Should the Supreme Court agree to hear the case, Apple is expected to challenge the legal standards underpinning the contempt finding. The company aims to argue that courts lack the authority to cap fees for services it provides. Apple maintains that the 27% commission is not merely for payment processing but compensates for hosting, discovery features, software, and developer tools—essentially reflecting the value of its App Store ecosystem. However, given the Supreme Court’s previous refusal to entertain an earlier appeal on a different issue, there is a significant chance this petition may also be rejected.
The resolution of this battle could profoundly impact Apple’s App Store revenue, especially as consumers increasingly rely on AI chatbots and agents for tasks. In response to Apple’s motion, Epic Games spokesperson Natalie Munoz characterized it as “another delay tactic to prevent the court from establishing significant and permanent bounds on Apple’s ability to charge junk fees on third-party payments.” She added, “Courts have time and time again found this to be illegal. Epic has heard this directly from many developers in our efforts to offer Web Shops and similar features to them in competition with Apple. As a result of Apple’s tactics, only a few brave developers, including Spotify, Kindle, and Patreon, have been willing to take advantage of this right and bring benefits to consumers. We will keep standing up to Apple’s attempts to undermine competition.”
