Apple has filed an emergency application with the U.S. Supreme Court to pause the calculation of App Store fees while it challenges a lower court’s ruling in its ongoing legal dispute with Epic Games. The move aims to delay a process that could force Apple to disclose confidential business algorithms and revenue splits underpinning its 30% commission model, potentially reshaping global antitrust precedent.
Overview
The case stems from a 2021 ruling by the U.S. Northern District Court of California, which ordered Apple to relax its anti-steering rules—allowing developers to link to alternative payment options within apps. Apple complied but continued charging a 27% fee (3% less than its standard 30%), leading the court to find Apple in contempt in 2025 for violating the injunction. In April 2025, Apple was barred from collecting any fees on external payment links, a change it implemented immediately. The Ninth Circuit Court of Appeals later upheld the contempt finding but ruled Apple could still receive compensation for its App Store technology, ordering the district court to determine a "reasonable fee."
Apple now seeks to freeze this fee-calculation process, arguing that proceeding would cause "irreparable harm" by forcing it to litigate its business model under the "prejudicial taint" of the contempt ruling. The company also contends the injunction should apply only to Epic Games, not all U.S. developers. Regulators in the EU, South Korea, and other markets are closely watching the case, as its outcome could influence permissible commission rates globally.
What’s at stake
- Confidential disclosures: Apple claims the fee-calculation process would require revealing proprietary algorithms and revenue splits, which it argues cannot be undone even if the Supreme Court later overturns the ruling.
- Global precedent: The case could set a benchmark for App Store commissions worldwide, with regulators poised to adopt similar restrictions if Apple’s model is deemed anti-competitive.
- Developer impact: If the Supreme Court grants the stay, U.S. developers would continue paying no fees on third-party payment links while the appeal plays out. If denied, Apple and Epic will return to court to negotiate a "reasonable" commission rate.
Next steps
The Supreme Court’s decision on Apple’s stay request could arrive within days, as the mandate for fee calculations takes effect on May 5. Apple has also indicated it may file a full certiorari petition to challenge the Ninth Circuit’s ruling, though such a filing would not be considered before the Court’s summer recess. A denial of the stay would force Apple to proceed with fee negotiations under the district court’s oversight, while a grant would maintain the current zero-fee status quo until the Supreme Court decides whether to hear the case.
Bottom line
Apple’s bid to pause the fee-calculation process is a high-stakes gambit to avoid disclosing its App Store economics while preserving its commission model. The outcome could redefine the balance between platform control and developer freedom, with ripple effects across global app markets.