Apple vs Epic Games case goes to US Supreme Court

Apple has announced its intention to seek the US Supreme Court’s review of an antitrust case brought by Epic Games, which could potentially require Apple to allow third-party payment systems within its App Store. The case stems from an order issued by U.S. District Judge Yvonne Gonzalez Rogers in 2021, which stated that Apple could not prevent developers from offering links to payment options outside of the App Store,

During the appeals process in the 9th Circuit Court of Appeals, Epic Games challenged significant aspects of the judge’s ruling that were favourable to Apple, while Apple contested the order specifically related to the App Store. In April 2023, the Court of Appeals largely upheld the judge’s order, favouring Apple on nine out of ten counts but finding Apple’s conduct in enforcing anti-steering restrictions to be anti-competitive.

Why does it matter?

While Apple has largely prevailed in the appeals court, the case is still ongoing and could have significant implications for Apple’s App Store policies and the broader app development industry- as it could potentially compel Apple to change its payment practices within the App Store. The Supreme Court has yet to decide whether it will hear the case, and Epic Games may also request the Court to review its appeal.

Background of the Epic Games vs Apple case

The legal battle between Epic Games and Apple has been ongoing since 2020 and has seen multiple appeals and rulings in favour of both parties. The legal battle revolves around the fees imposed by Apple on in-app payments. Epic Games challenged Apple’s policy by offering discounts to Fortnite players who used their own payment system, which violated the app store policies of both Apple and Google. As a result, Fortnite was removed from the app stores, leading to a lawsuit by Epic against both companies.