May 5 (Reuters) - Apple ( AAPL ) on Monday lodged an
appeal to challenge a U.S. judge's ruling that ordered the tech
company to immediately open its lucrative App Store to more
competition.
Apple ( AAPL ) in a court notice said it will ask the San
Francisco-based 9th U.S. Circuit Court of Appeals to review the
April 30 ruling, which found the company in contempt of an
earlier order in a 2020 antitrust lawsuit brought by Epic Games.
U.S. District Judge Yvonne Gonzalez Rogers said in her
decision that Apple ( AAPL ) willfully failed to comply with a 2021
injunction designed to allow developers to more easily steer
consumers to potentially cheaper non-Apple ( AAPL ) payment options.
Gonzalez Rogers also referred Apple ( AAPL ) and one of its
executives to federal prosecutors for a possible criminal
contempt investigation. She refused to put her order on hold,
accusing Apple ( AAPL ) of delaying and purposefully misleading the
court.
"Apple ( AAPL ) sought to maintain a revenue stream worth billions in
direct defiance of this court's injunction," Gonzalez Rogers
said.
Apple ( AAPL ) had denied violating terms of the court's order.
Apple ( AAPL ) and Epic Games did not immediately respond to requests
for comment.
Apple's ( AAPL ) appeal notice did include its planned legal
arguments.
The lawsuit by Epic Games, the maker of online video game
Fortnite, aimed to loosen Apple's ( AAPL ) grip over transactions in
applications that use its iOS operating system and how apps are
distributed to consumers.
Gonzalez Rogers ordered Apple ( AAPL ) to end several practices that
she said were designed to circumvent her earlier injunction,
including a new 27% fee it imposed on app developers when Apple ( AAPL )
customers complete an app purchase outside the App Store.
The judge also barred Apple ( AAPL ) from using so-called "scare
screens" to deter consumers from using third-party payment
options.