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Apple asks US Supreme Court to review contempt order in Epic Games lawsuit
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Apple asks US Supreme Court to review contempt order in Epic Games lawsuit
May 21, 2026 3:35 PM

WASHINGTON, May 21 (Reuters) - Apple ( AAPL ) asked the U.S. Supreme Court on Thursday to review a lower court ruling that held the iPhone maker in civil contempt over fees it was charging on some outside purchases made by customers of its App Store.

The petition to the Supreme Court escalates a years-long legal battle with "Fortnite" video game maker Epic Games, which sued Apple ( AAPL ) in 2020 seeking to loosen its control over transactions in applications that use the company's iOS operating system and its restrictions on ​how apps are distributed to consumers.

A judge mostly dismissed Epic's lawsuit but issued an injunction in 2021 requiring Apple ( AAPL ) to let developers include links in their apps ‌directing users ⁠to non-Apple ( AAPL ) payment methods.

Apple ( AAPL ) allowed the links but adopted new restrictions, including a 27% commission on developers for purchases made on payment systems outside the App Store within seven days of clicking a link.

Epic argued that the new 27% commission flouted the earlier injunction. In 2025, the judge found Apple ( AAPL ) in civil contempt for violating the injunction.

Apple ( AAPL ) urged the justices on Thursday to take up two legal issues. It said the injunction should not apply to millions of developers, since Epic is the only plaintiff and the case is not a class action. Apple ( AAPL ) also contends it cannot be held in contempt for allegedly violating the "spirit" of an injunction that did not explicitly prohibit the conduct in question.

Apple ( AAPL ) has denied any wrongdoing. Epic Games did not immediately respond to a request for comment.

The 9th U.S. Circuit Court of Appeals in ​December upheld the contempt finding but said Apple ( AAPL ) could make new ⁠arguments in the trial court about what commission it should be allowed to charge for digital goods bought in apps distributed through the App Store but paid for using third-party payment systems. 

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