Apple Prepares for Supreme Court in Epic Games Case

Publication Date: 07.04.2026

Rate this article:

4.5/5 ( 90 votes )

Table of Contents:

As expected, Apple has filed a petition indicating its plan to appeal to the Supreme Court to review its recent setback in the Epic Games case. Here are the details.

Some Context

A few days ago, the U.S. Ninth Circuit Court of Appeals unanimously rejected Apple’s request to reconsider a decision in favor of Fortnite developer Epic Games.

Apple argued that the decision created confusion regarding how much it could charge for purchases made outside of the App Store.

As we discussed last week:

“In summary, Apple pointed to two possible interpretations: one that allows it to charge only the direct costs of supporting external purchases, and the other that would permit it to take a broader commission based on the value of the App Store and its ecosystem.”

With this in mind, Apple adopted a dual strategy in its appeal. It requested a rehearing before the three-judge panel that initially reviewed the case, as well as an en banc review by the full Ninth Circuit.

Both requests were denied, leaving Apple with no choice but to go to the Supreme Court.

Now, Apple has stated that this is exactly what it will do.

Apple's New Request

In a new petition submitted to the court (via TechCrunch), Apple indicates that it will ask the Supreme Court to review significant aspects of its conviction due to App Store policies.

For context, in 2021, a court ruled that Apple must allow developers to direct users to payment options outside the App Store. Years later, the court found Apple in violation and ruled that its 27% fee weakened this decision, demanding changes that would apply not only to Epic Games but to all developers in the U.S.

In the new petition, Apple argues that the injunction applied to the App Store exceeded the scope permitted for court enforcement; as the injunction was expanded to cover all developers rather than focusing solely on Epic Games.

Additionally, Apple is requesting a stay of the necessary changes to App Store practices until the Supreme Court takes up the case again. The Supreme Court had previously refused to hear Apple’s earlier appeal in the same dispute in January 2024.

In a statement to TechCrunch, “Epic Games spokesperson Natalie Munoz described Apple’s request for a stay as ‘another delaying tactic to avoid determining Apple’s authority to impose unfair fees on third-party payments,’ adding:

“Courts have repeatedly ruled that this is illegal. […] Epic has heard this directly from many developers in our efforts to offer features like Web Stores to compete with Apple. Due to Apple’s tactics, only a few brave developers like Spotify, Kindle, and Patreon have been able to take advantage of this right and benefit consumers. We will continue to stand against Apple’s attempts to stifle competition.”

Click here to read Apple’s petition.