Epic Games Requests Supreme Court Review of Apple App Store Ruling

Epic Games, the creator of the popular game Fortnite, asked the U.S. Supreme Court to review a judge’s ruling from 2021 that stated Apple’s App Store policies do not violate federal antitrust laws.

The request is the latest development in a long-standing dispute between Epic Games and Apple over the way the tech giant operates its marketplace, Bloomberg reported Wednesday (Sept. 27).

The outcome of this case could have financial implications for both companies, as billions of dollars in revenue are at stake, according to the report.

Apple charges developers a commission of up to 30% for digital goods and services sold through its App Store. Epic Games is attempting to circumvent this fee for its games, leading to the legal battle.

The Supreme Court could decide by the end of the year whether it will consider the case, per the report.

In a trial two years ago, a federal judge in Oakland, California, largely dismissed Epic Games’ claims that Apple’s marketplace policies violate federal law by prohibiting third-party app marketplaces on its operating system.

This was affirmed by an appeals court in April, Bloomberg reported. However, the appeals court did rule in Epic Games’ favor on one aspect, finding that Apple violated California state law by preventing developers from informing consumers about alternative payment methods.

Apple is expected to file its own petition with the Supreme Court challenging the portion of the ruling that favored Epic Games before the Thursday (Sept. 28) deadline, per the report.

In August, the Supreme Court handed Apple a temporary win in this battle. Justice Elena Kagen ruled that she would not allow an earlier appeals court decision to take effect right away in Epic’s quest to compel Apple to allow developers to direct iPhone users to other payment options.

Apple had asked the court a month earlier to hear its challenge to the June ruling that said the company could not block developers from offering payment options that take consumers outside its App Store.

In its petition to the Supreme Court, Epic Games urged the justices to consider whether there are alternative ways to benefit consumers and developers without causing harm, according to Bloomberg’s Wednesday report.