Overview
- Apple filed a remand proffer on August 13–14 proposing three rates: 15% for standard apps, 10% for certain partner programs and subscription renewals, and 5% for apps in its Small Business Program.
- The Supreme Court refused to extend a pause after granting a brief administrative stay, so the district court will consider Apple’s filing while the high court prepares to hear Apple’s contempt appeal in October.
- Epic Games says Apple’s proposal is “far outside” the Ninth Circuit’s guidance and has about 60 days to file a formal opposition supported by expert witnesses.
- The Ninth Circuit remand limits permissible fees to those tied to the platform’s “necessary costs,” a narrow test Apple acknowledges would yield essentially zero incremental costs but argues does not account for broader platform value.
- A district-court ruling on these rates would directly affect developer revenue from web purchases and could set a reference point for U.S. regulators and other jurisdictions watching App Store rules.