May 7 (Reuters) - Apple ( AAPL ) has asked a federal
appeals court to temporarily pause key provisions in a U.S.
judge's ruling that ordered the tech company to immediately open
its lucrative App Store to more competition.
Apple ( AAPL ) told the San Francisco-based 9th U.S. Circuit Court of
Appeals in a filing on Wednesday that it will be irreparably
harmed if the April 30 order is not put on hold while the iPhone
maker's legal challenge is pending.
Apple ( AAPL ) is fighting a ruling that found the company in
contempt of an earlier order in a 2020 antitrust lawsuit brought
by Epic Games, maker of the online video game Fortnite.
In its filing, Apple ( AAPL ) said the new ruling blocks the company
from "exercising control over core aspects of its business
operations."
U.S. District Judge Yvonne Gonzalez Rogers ordered Apple ( AAPL ) to
end several practices that she said were designed to circumvent
the injunction. Apple's ( AAPL ) filing focused on two of them, including
the court's ban on a new 27% fee Apple ( AAPL ) imposed on app developers
when its customers complete an app purchase outside the App
Store.
Apple ( AAPL ) in its filing said a federal court can't "force Apple ( AAPL )
to permanently give away free access to its products and
services."
Apple ( AAPL ) is also challenging part of the judge's order that
bars the company from restricting where developers place links
to make purchases outside of an app.
Epic Games did not immediately respond to a request for
comment.
In the underlying lawsuit, Epic Games sued Apple ( AAPL ) to loosen
its control over transactions in applications that use its iOS
operating system and how apps are distributed to consumers.
The Cupertino, California-based company willfully failed to
comply with a 2021 injunction in the case designed to allow
developers to more easily steer consumers to potentially cheaper
non-Apple ( AAPL ) payment options, Gonzalez Rogers said in her decision.
"Apple ( AAPL ) sought to maintain a revenue stream worth billions in
direct defiance of this court's injunction," Gonzalez Rogers
wrote.
Gonzalez Rogers said Apple ( AAPL ) had misled the court about its
efforts to comply with her injunction and referred the company
and one of its executives to federal prosecutors for a possible
criminal contempt investigation.