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Apple ruled to have violated court order over 27% commission on links

by Kim Stewart
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Apple ruled to have violated court order over 27% commission on links

Supreme Court Denies Stay in Apple-Epic Court Ruling Over 27% App Store Link Fee

Supreme Court denies Apple’s emergency stay request in the Apple-Epic court ruling, keeping the contempt finding intact and sending questions about App Store link fees back to lower courts.

The Supreme Court on May 6, 2026 refused Apple’s emergency application to pause a mandate stemming from the Apple-Epic court ruling, leaving intact a contested lower-court finding that Apple’s post‑injunction policies improperly restricted developers and imposed a commission on off‑app purchases. (supremecourt.gov)

Judge found Apple disobeyed 2021 injunction

The dispute traces to a 2021 injunction that required Apple to allow developers to direct users to alternative payment options outside apps.
A federal judge concluded on April 30, 2025 that Apple’s program of entitlements and design constraints — and the imposition of a commission on linked purchases — violated that injunction and amounted to noncompliance. (macrumors.com)

Apple’s 27 percent commission and seven‑day rule

After the injunction, Apple introduced a Link Entitlement system that allowed apps to include external purchase links but attached new conditions.
Among those conditions was a commission framework that could reach 27 percent for digital goods bought on developers’ sites within seven days of a user tapping an external link, a measure Epic Games argued effectively nullified the court’s order. (techcrunch.com)

Appeals and Ninth Circuit proceedings

Apple moved quickly to challenge the contempt finding and the scope of remedies, asking appellate courts to stay parts of the lower court’s mandate.
The Ninth Circuit reviewed the matter and later clarified aspects of the remedy while remanding questions about permissible commission rates back to the district court for further proceedings. (law.justia.com)

Supreme Court refusal leaves case with district court

Apple escalated the dispute to the Supreme Court with an application to stay the Ninth Circuit’s mandate pending potential certiorari, but the application was denied by the Circuit Justice.
That denial removed the immediate federal‑court pause Apple sought and returned the dispute to Judge Yvonne Gonzalez Rogers to decide what, if any, commission structure is permissible under the injunction. (supremecourt.gov)

Industry and developer stakes

The rulings cut to the heart of how Apple governs its App Store ecosystem and how developers may route customers to outside payment systems.
Developers and industry observers say the outcome could influence pricing, competition and where digital commerce occurs on mobile platforms if the district court sets limits on commissions or link restrictions. (cnbc.com)

The public filings reveal a complex procedural path: factual findings of contempt, appellate adjustments, and now renewed district‑court proceedings under continued judicial supervision. (macrumors.com)

Apple has argued its fees are necessary to support App Store operations and platform security, while Epic and allied developers contend the measures were crafted to deter use of external payment options rather than to address concrete safety concerns. (techcrunch.com)

With the Supreme Court’s short‑term intervention declined, the coming weeks and months will focus on how the district court implements the Ninth Circuit’s guidance and whether a narrower, acceptable commission can be set. (law.justia.com)

For developers, platform operators and regulators, the dispute remains a test case over how courts balance injunction enforcement, platform governance and competitive access to digital marketplaces.

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