Epic Games Takes Apple App Store Dispute to Supreme Court

Epic Games Inc. has requested the US Supreme Court to examine a judge’s decision from 2021, which stated that Apple Inc.’s App Store policies do not breach federal antitrust laws.

Epic’s request is the latest in a long-running battle between the Fortnite maker and Apple over how the iPhone maker runs its marketplace. Billions of dollars in revenue are at stake for Apple, which charges developers a fee of up to 30 percent for digital goods and services sold through the App Store – a fee that Epic tries to circumvent by paying for its games.

According to its regular schedule, the Supreme Court could decide by the end of the year whether it will take the case into consideration.

In a ruling after a trial two years ago, a federal judge in Oakland, Calif., largely rejected Epic’s claims that Apple’s online marketplace practices violated federal law by blocking third-party app marketplaces on its operating system.

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In April, the U.S. Court of Appeals for the 9th Circuit upheld the trial judge’s decision. But the appeals panel also upheld part of the judge’s ruling in Epic’s favor, finding that Apple violated California state law by preventing developers from providing consumers with information about alternative payment methods.

Apple is expected to file its own appeal with the Supreme Court challenging the part of the ruling that favors Epic before the September 28 deadline.

In August, the Supreme Court rejected Epic’s request to allow developers to direct iPhone users to other purchase options and allow Apple to keep current payment rules in place until further notice.

In its petition, Epic urged the Supreme Court to examine whether there is another way to benefit consumers and developers without harming them.

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