Apple is pushing back against a recent court ruling in the Epic Games case, requesting a new judge and asking the Ninth Circuit Court to reverse a decision that prevents it from charging commissions on in-app purchases made outside the App Store.
The company argues that this order goes too far and penalizes behavior that isn’t illegal.
This legal move follows a ruling in April, when U.S. District Judge Yvonne Gonzalez Rogers found Apple in civil contempt for not complying with a 2021 injunction that required it to let developers direct users to third-party payment systems. The new decision strengthened the original order, barring Apple from taking any commission on sales through external links and imposing stricter rules on how developers can guide users to outside platforms.
Apple believes the updated order oversteps the legal boundaries. In its appeal, Apple argues that the court is using contempt powers to impose new restrictions that go beyond the scope of the original decision. The company also defended its 27% commission on external link purchases, stating that while the rate might be considered too high, there’s no justification for eliminating commissions entirely.
Apple’s legal team claims, The district court’s new prohibition against any commission on sales facilitated by Apple’s own platform has no basis in the original injunction, is fundamentally unfair, violates the UCL, and amounts to a taking in violation of the U.S. Constitution.
Apple further contends that there’s a significant difference between deeming the 27% commission excessive and completely banning commissions.
In its filing, Apple is asking the appeals court to reverse the contempt finding, eliminate the new injunction, and strike down five additional rules about how developers can link to third-party payment platforms, such as restrictions on button styles, template disclosures, and link placement.
Additionally, Apple is requesting that a new judge be assigned if the case returns to district court. The company argues that this would ensure fairness, as the current judge may have difficulty setting aside previous opinions. In a statement, Apple said, We’ve spent decades building trust with users through our App Store, which offers security, privacy, and innovation. This injunction now jeopardizes our ability to continue protecting our users, and we’re appealing to maintain a safe and trusted experience for everyone.
As for Epic Games, the company has yet to comment on the matter. While the outcome remains uncertain, Apple’s ongoing appeal suggests that the battle over its App Store practices is far from over. One thing is clear-Apple is committed to defending its revenue from in-app purchases.
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