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SCOTUS Rejects Apple Bid to Pause App Store Contempt Order in Epic Games Dispute

By  |  May 6, 2026

The U.S. Supreme Court on Wednesday turned away Apple’s request to temporarily block a lower court order that found the company in violation of court-mandated changes to its App Store, extending a years-long legal battle with “Fortnite” creator Epic Games over the iPhone maker’s control of app-related transactions.

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    Justice Elena Kagan, acting on behalf of the court, declined to pause a ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals that held Apple in contempt in the ongoing dispute, according to Reuters. The decision means Apple must return to U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, where the company is expected to continue fighting over what commission it can legally collect on certain app-related purchases.

    Apple had asked the Supreme Court to intervene while it pursued a broader legal challenge before the justices, seeking to avoid returning to the trial court during that process.

    The dispute between Apple and Epic Games dates back several years and centers on the rules governing Apple’s App Store, including the fees charged to developers and the restrictions placed on alternative payment systems. The contempt ruling marks the latest chapter in the case to reach the nation’s highest court.

    Related: Apple Blocked from Halting App Store Fee Changes in Ongoing Epic Legal Fight

    Epic originally sued Apple in 2020, arguing that the company maintained excessive control over digital transactions conducted through applications running on its iOS operating system. While Apple largely prevailed in the original lawsuit, Judge Gonzalez Rogers issued an injunction in 2021 requiring the company to allow developers to include links directing users to payment methods outside Apple’s own system, per Reuters.

    Apple later complied with the order by permitting those links but introduced new conditions, including a 27% commission on purchases made through outside payment systems within seven days of a user clicking a link from an app. By comparison, Apple’s standard commission for purchases completed within the App Store remains 30%.

    Epic argued that Apple’s revised policy violated the spirit and terms of the original injunction. In 2025, the judge agreed and found Apple in civil contempt.

    The 9th Circuit upheld that contempt finding in December, though it also said Apple could present new arguments regarding what commission, if any, it should be allowed to collect on digital goods purchased through third-party payment systems linked from apps distributed in the App Store, according to Reuters.

    Apple has denied violating the court’s order and has argued that the injunction should not be applied broadly across millions of developers beyond Epic Games.

    “Regulators around the world are watching this case to determine what commission rate Apple may charge on covered purchases in huge markets outside the United States,” Apple told the Supreme Court in a filing.

    Epic, meanwhile, argued that Apple should not be allowed to delay enforcement of the original order, saying this would “give Apple more time to continue unfairly profiting at the expense of consumers and app developers,” according to Reuters.

    Source: Reuters