
Apple is set to escalate its legal battle with Epic Games regarding the App Store back to the Supreme Court. In a recent document filed, the iPhone manufacturer announced its intention to request the U.S. Supreme Court to review another facet of this ongoing dispute concerning App Store commissions.
In the interim, Apple is aiming to suspend the appeals court’s decision that restricts its ability to charge for external transactions.
To recap, Apple has been entangled in a protracted legal struggle with Fortnite developer Epic Games after the latter incorporated external payment options in its application to circumvent Apple’s App Store fees in 2020. Apple largely prevailed in 2021 when the court ruled that the company was not a monopoly. Nevertheless, the judge mandated that Apple must permit developers to link to external payment methods.
The tech giant pursued an appeal of that ruling up to the Supreme Court, which chose not to take the case, thereby maintaining the Ninth Circuit Court’s initial ruling. Consequently, Apple began permitting external payments but instituted a 27% commission on transactions processed through developers’ payment systems — only a marginal reduction from Apple’s standard 30% fee. (Conversely, Google recently reached a settlement with Epic Games regarding a similar case, reducing its Play Store commissions to 20%.)
Epic Games contended that such a commission was inconsistent with the court’s directive; they, along with other developers, were also not realizing any savings since payment processing incurs its own fees.
The U.S. District Court for the Northern District of California concurred with Epic, determining that Apple was in contempt. This ruling was affirmed by the U.S. Court of Appeals for the Ninth Circuit in December 2025. The appeals court commented that Apple’s 27% charge on external payments effectively nullified the purpose of permitting them, yet did not propose a new fee structure. That ruling will be revisited by a lower court for determination. (Apple sought a rehearing on this decision, but its request was rejected in March 2026.)
With no further recourse within the Ninth Circuit, Apple is gearing up to bring its case before the Supreme Court.
Should the Supreme Court agree to take on the case, Apple is poised to challenge the legal standards that led to its contempt ruling, and it will argue that courts should not have the authority to impose limitations on the fees it can charge for its services. The company has consistently maintained that the 27% fee is associated with additional services, including hosting, discovery, and its suite of software and developer tools. Fundamentally, it’s a fee that Apple asserts mirrors the worth of its App Store ecosystem.
However, as the Supreme Court previously declined to entertain Apple’s earlier appeal, which dealt with a different angle of the litigation, it is quite possible this appeal will also be dismissed. This matter is now poised to return to a lower court to determine what commission, if any, Apple can impose on purchases made outside the App Store.
Once this conflict is resolved, the court’s ruling could significantly influence Apple’s revenue from the App Store, especially as consumers increasingly rely on AI chatbots and agents for various tasks.
In a statement, an Epic Games spokesperson, Natalie Munoz, referred to Apple’s motion for a stay as “another delay tactic to obstruct the court from defining essential and permanent limits on Apple’s capacity to levy excessive fees on third-party payments.”
“Courts have repeatedly ruled this as illegal,” she noted. “Epic has heard this firsthand from many developers in our attempts to provide Web Shops and comparable services in competition with Apple. Due to Apple’s strategies, only a few courageous developers, including Spotify, Kindle, and Patreon, have dared to leverage this right and deliver advantages to consumers. We will continue to resist Apple’s efforts to weaken competition.”
Updated post-publication with Epic’s statement.

















