Apple Asks Supreme Court to Pause Epic Games Case Ahead of App Store Fee Ruling
Apple has filed an emergency application with the Supreme Court, requesting a stay on the App Store fee calculations related to its legal battle with Epic Games. Apple fears irreparable harm and the public perception of acting in contempt if forced to litigate fee specifics under the current circumstances. The core issue revolves around whether the court's injunction against Apple's anti-steering rules applies only to Epic Games or all developers. In 2021, the court ordered Apple to allow linking to alternate payment options, but Apple’s subsequent fee structure led to a contempt of court finding. The appeals court affirmed the violation but also allowed for compensation, leading to a district court process to determine a reasonable fee. Apple seeks to pause the fee calculation, because it could be affected by the Supreme Courts decision either upholding or overturning previous rulings. Apple argues that going through the fee calculation process now is premature, given the Supreme Court's potential involvement and impact on the case. A stay would allow Apple to maintain its current zero-fee structure for third-party payment options while the Supreme Court considers the case. If granted, developers wouldn't pay fees while the Supreme Court deliberates. If the stay is denied, or if the court declines to hear the case, the fee calculation process will proceed. Apple's filing also signals a potential petition for certiorari, and the final decision will likely come before the summer recess. The deadline for Apple to start paying is May 5.
