Apple Seeks Emergency Intervention from Appeals Court in Epic Games Legal Clash

Apple has submitted an urgent request to the Ninth Circuit Court of Appeals, aiming to suspend enforcement of parts of a recent ruling that could significantly alter the operational structure of its App Store. This legal move follows a contempt finding in the company’s prolonged dispute with Fortnite developer Epic Games.

The emergency motion, filed Wednesday, targets two core components of a recent district court decision. According to the filing, Apple is asking the appellate court to delay enforcement of a prohibition against charging commissions for purchases made via external links, as well as a limitation on Apple’s control over how those links are displayed within iOS apps.

In the filing, Apple’s legal team characterized the district court’s order as “extraordinary” and argued that it improperly compels the company to relinquish essential control over its business practices. Per the motion, Apple claims the order mandates permanent concessions that would force it to “give away free access” to its proprietary services and intellectual property.

The controversy stems from Apple’s handling of a 2021 injunction requiring the company to allow developers to direct users to alternative payment options. According to a statement in the court documents, Apple initially created a new system that permitted such links but attached a 12–27% commission and imposed limitations on the links’ placement within apps. Judge Yvonne Gonzalez Rogers, who issued the original order, found last week that Apple’s implementation violated the intent of her ruling and held the company in contempt.

Related: Epic Games Accuses Apple of Undermining App Store Reforms in Legal Filing

Per a statement in Apple’s emergency request, the company contends the new obligations are not remedial actions but constitute enduring policy shifts that could cost Apple billions of dollars. The motion insists the judge overstepped her authority by effectively dictating the company’s pricing policies and how it presents alternative payment methods.

“These new rules are not temporary sanctions for non-compliance that Apple can purge,” the company stated in the filing. “Instead, the district court took the highly irregular step of imposing new, different, and permanent restrictions.”

Judge Gonzalez Rogers previously concluded that Apple’s approach had undercut the “spirit of the injunction by limiting competition,” siding with Epic Games’ assertion that Apple’s policies maintained its dominance in app-based transactions.

Apple is now urging the appeals court to act swiftly, requesting a ruling on its motion by

Source: Macrumors