Epic Games Requests US Supreme Court Uphold App Store Ruling
On Thursday, Epic Games urged the U.S. Supreme Court to uphold a lower court’s decision that could potentially compel Apple Inc to modify its payment policies within the App Store.
Epic, the maker of the popular Fortnite video game, filed a petition asking the nation’s highest court to overturn a July 17 decision by the 9th U.S. Circuit Court of Appeals in San Francisco to suspend an injunction against Apple. The decision gave Apple 90 days to appeal to the Supreme Court.
In a closely followed case, Epic filed an antitrust lawsuit in 2020 challenging Apple’s App Store practices.
In April, the 9th Circuit upheld a federal judge’s 2021 order requiring Apple to allow developers to provide links and buttons that direct consumers to payment options outside the App Store and avoid paying sales commissions to Apple.
The trial judge had found that Apple violated California’s unfair competition laws by preventing developers from “directing” users to other payment methods, but Apple’s rules also did not violate antitrust laws.
Seeking to stay the injunction while it prepares an appeal to the Supreme Court, Apple told the 9th Circuit that the trial judge had erred in barring Apple from imposing its rules against all app developers in the United States, not just Epic. self.
“Apple will need to change its business model to comply with the order before the judicial review is completed,” the company told the 9th Circuit. “Indisputable evidence shows that the ban limits Apple’s ability to protect users from fraud, scams, malware, spyware and inappropriate content.”
Epic told the Supreme Court on Thursday that the 9th Circuit’s standard for staying cases is “too lenient.”
