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Supreme Court Rejects Apple Bid to Pause Epic App Store Contempt Order

The denial clears the way for a judge to decide any off‑App Store commission, keeping Apple’s zero‑fee posture in place for now.

Overview

  • Apple, which sought an emergency stay on Monday, was rebuffed Wednesday by Justice Elena Kagan, allowing the case to move forward in the trial court.
  • The dispute now returns to U.S. District Judge Yvonne Gonzalez Rogers in Oakland to set what Apple may legally charge on purchases made through external links.
  • The contempt finding stems from Apple permitting link‑outs but imposing a 27% fee on outside payments completed within seven days of a tap, which courts said defied the 2021 order’s intent to stop anti‑steering.
  • The Ninth Circuit upheld the contempt ruling in December but reversed a blanket zero‑commission remedy, directing the lower court to determine a permissible rate.
  • Apple argues the injunction never mentioned commissions and should not cover all developers, while Epic says more delays would harm developers and consumers; Apple can still seek full Supreme Court review as global regulators watch the outcome.