Epic Asks Supreme Court To Allow App Store Injunction Against Apple To Take Hold

Epic Games, the publisher of the popular game Fortnite, has requested the U.S. Supreme Court push through an injunction that could allow users of apps featured on Apple’s App Store to purchase in-app content through outside means. Apple currently disallows "steering," or directing users to payment methods outside of the app store.

The request filed by Epic Thursday asked the nation’s highest court to allow a ruling by a lower court to go into effect. This would bypass the 9th Circuit U.S. Court of Appeals’ recent decision to temporarily pause an injunction that would force the iPhone manufacturer to drop its anti-steering policies, in order to give Apple time to prepare an appeal.

If Epic’s request is granted, it could mean Apple will have to change its policies on how customers are charged for in-app purchases prior to the Supreme Court hearing its appeal.

Currently, Apple, like other digital platforms such as Google’s Play store, collects a cut of purchases made within apps distributed through its platform (30% in Apple's case), such as skins for video game characters. In addition to taking nearly a third of developers' profits on in-app purchases, Apple restricts developers from directing customers to alternative ways of making purchases for use in their applications.

In 2020, Epic took Apple to federal court over the disagreement, arguing that mobile app stores shouldn’t be able to collect as large a cut as they do, all while forcing developers into selling additional content through the App Store exclusively. Epic accused the trillion-dollar tech company of violating U.S. antitrust laws.

Ultimately, U.S. District Judge Yvonne Gonzalez Rogers ruled in September 2021 that while Apple’s policy on in-app purchases doesn't violate antitrust laws, it shouldn’t prevent developers from directing consumers to alternate ways of buying in-app content. Apple appealed in October 2021, and was granted a stay on changing its anti-steering policies.

On April 24, 2023, the U.S. Court of Appeals upheld Judge Rogers’ original decision, prompting Apple to take its battle with Epic to the Supreme Court. However, Apple was granted another pause on July 18, once again preventing the anti-steering policy from taking effect as it prepares to take the case to the Supreme Court.

Epic hopes that as Apple prepares its case for the Supreme Court, the lower court’s ruling and the subsequent decision in appeals would be allowed to stand. Apple argues that letting the injunction stand would risk users being exposed to scams and fraud.