Supreme Court Refuses to Intervene in Apple’s App Store Policies
Apple Inc. has been allowed by the US Supreme Court to maintain its App Store payment regulations, denying a request from Epic Games Inc. This decision prevents developers from redirecting iPhone users to alternative purchasing methods, at least for now.
Justice Elena Kagan said she would not allow the federal appeals court’s decision to take effect immediately, as Epic had wanted. The U.S. Ninth Circuit Court of Appeals said earlier this year that Apple violated California’s unfair competition law by limiting developers’ ability to communicate about alternative payment systems, including purchases through the Epic Games Store.
Kagan, who did not comment, is the emergency chief of the 9th Circuit in San Francisco.
Kagan’s rejection of Epic means that Apple will get a reprieve from the 9th Circuit decision, albeit perhaps only a temporary one. The appeals court delayed its decision to give Apple time to appeal to the Supreme Court later this year, but the ruling will take effect if the justices decline to hear the case.
Epic, the maker of the popular Fortnite game, said the 9th Circuit used the wrong legal standard in placing its decision on hold.
In urging the Supreme Court to put the 9th Circuit decision on hold, Apple said Epic will not be affected by the controversial practice. Apple kicked Fortnite off the App Store because Epic created a workaround to avoid paying a 30% fee on customers’ in-app purchases. Epic says its affiliates still have apps in the App Store.