Supreme Court Agrees to Hear Apple Appeal Over 27% External Payment Fee in Epic Contempt Case

Дата публикации: 02-07-2026 07:09:44

The US Supreme Court has agreed to hear Apple's appeal of a lower court’s ruling that found the company in contempt of a 2021 injunction related to the Ep
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The US Supreme Court has agreed to hear Apple's appeal of a lower court’s 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 starting in October. The justices have not granted Apple's request to limit the injunction to Epic alone, which means the ruling will still impact all iOS developers.

The Supreme Court will determine whether Apple's response to the initial court order was permissible or if it constituted contempt. The court will not consider whether Apple has a monopoly.

What The Apple And Epic Case Is About

The 2021 injunction from U.S. District Judge Yvonne Gonzalez Rogers required Apple to allow developers to direct users to payment options outside of 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 permitting external payment links but introduced new restrictions and began charging 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 had intentionally violated her order.

She directed Apple to stop charging fees on purchases made outside of its payment system. The Ninth Circuit upheld the finding of contempt in December 2025 and stated that Apple could return to the district court to argue what, if any, charges could be applied to digital goods purchased outside its system.

Apple stated, "This is an important question of law, and we are pleased the Supreme Court will hear our case." The company's argument is that it cannot be penalized for violating the "spirit" of an injunction rather than its specific wording.

Epic shared on X, saying, "We're heading to the Supreme Court where we'll continue to fight against junk fees Apple charges on third-party payments."

What The Supreme Court Will Decide

The Supreme Court's review will be more limited than Apple wanted. The justices decided not to consider whether the injunction should apply only to Epic or to the larger developer community.

The court's remaining question is whether Apple's actions, including the 27% external payment fee, amounted to contempt of the original injunction.

The ruling could have implications for App Store fee structures across the iOS ecosystem, depending on the court's decision. If Apple wins, it could validate similar fee practices for external payments.

If Epic prevails, it would mean Apple can't use fees to maintain most of its commission when developers use external payment systems.

The dispute has been ongoing 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 appeals concluded, Apple introduced a 27 percent external payment 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 outside 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. Currently, the Supreme Court has agreed to hear Apple's appeal.

What Developers And Users Should Know

For developers currently using external payment links under the injunction, the status of the 27% fee remains contested during the appeal.

Apple's fee structure has been paused due to the contempt ruling, but the Supreme Court's upcoming decision could restore, modify, or eliminate it depending on the outcome.

Developers should continue to use external payment links where permitted under current rulings 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 ruling could significantly impact 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 disputed 27% fee.

However, if the Supreme Court reinstates or changes the fee, developers may need to adjust their prices, which could lead to costs being passed on to users.

The Supreme Court is expected to hear the case in its next term starting in October. A decision is unlikely to come until later in the term. Both users and developers can keep track of the case through the Supreme Court's website as proceedings unfold.

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