Apple announced its intention to bring its antitrust case against “Fortnite” creator Epic Games before the U.S. Supreme Court. The case centers around a judge’s order that could compel Apple to modify its App Store payment practices. The 9th U.S. Circuit Court of Appeals in San Francisco previously upheld most of the order issued by U.S. District Judge Yvonne Gonzalez Rogers in 2021, which stated that Apple cannot prevent developers from including links and buttons in their apps that direct users to payment options outside the App Store. This change could potentially reduce the sales commissions Apple receives.
Epic Games had filed a lawsuit against Apple in 2020, primarily seeking an injunction to halt Apple’s in-app payment fees rather than monetary damages. Although Judge Rogers ruled in favor of Apple on most of Epic’s claims, she did issue the order that Apple is now challenging.
Both Apple and Epic Games had appealed to the 9th Circuit, with Epic challenging parts of the ruling that favored Apple, while Apple contested the order related to the App Store. The 9th Circuit upheld most of Judge Rogers’ decision in April, and on Friday, the court declined petitions from both Apple and Epic Games to reconsider its April ruling.
Epic Games also has the option to ask the Supreme Court to review its appeal, as they sought to revive their antitrust claims against Apple regarding the company’s app distribution and payment practices.
Apple’s legal team argued in the recent court filing that the 9th Circuit overreached when it issued a nationwide injunction against Apple based on allegations of violating a California state unfair competition law. The petition Apple plans to present to the Supreme Court will raise crucial questions about the extent of judges’ authority to issue broad injunctions.
The case in question is Epic Games Inc v. Apple Inc, which is currently before the 9th U.S. Circuit Court of Appeals, identified as No. 21-16506.