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Epic Games urges Supreme Court to block Apple’s App Store petition

9to5Mac •
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Epic Games filed a petition with the U.S. Supreme Court asking justices to reject Apple’s request to overturn two lower‑court rulings in their App Store dispute. The filings target Apple’s bid to reverse a civil‑contempt finding and a ruling on the injunction’s scope, both stemming from the 2021 order that forced Apple to allow off‑App‑Store sales amid growing scrutiny of its payment practices.

Apple argues the Ninth Circuit misread the injunction, claiming the court only barred the “spirit” of the law while permitting its 27% commission on off‑store transactions. Epic Games counters that the district court’s order expressly prohibited any such fee and that Apple should have sought clarification before implementing it, citing precedent that forbids willful defiance of an injunction. This would reinforce courts to enforce injunctions.

The dispute hinges on whether the injunction must apply to every developer on the U.S. storefront, as Apple contends, or be limited to Epic’s injuries, as the Ninth Circuit concluded. A Supreme Court denial of Apple’s petition would keep the 27% fee ban in place and preserve the broader competitive relief Epic seeks for the App Store ecosystem. The outcome could reshape platform fee regulation.