* Judge found Apple ( AAPL ) in contempt in Epic antitrust lawsuit
* "Fortnite" maker Epic's lawsuit contested App Store fees
By Mike Scarcella
WASHINGTON, June 30 (Reuters) - The U.S. Supreme Court
agreed on Tuesday to hear Apple's ( AAPL ) bid to escape being
found in contempt in its legal fight with "Fortnite" maker Epic
Games after the iPhone maker was deemed in violation of a
judicial order mandating sweeping changes to its lucrative App
Store in the antitrust litigation.
The justices took up Apple's ( AAPL ) appeal of a lower court's
ruling upholding a decision by Oakland, California-based U.S.
District Judge Yvonne Gonzalez Rogers finding Apple ( AAPL ) in contempt
in Epic's 2020 lawsuit contesting App Store fees.
The Supreme Court is expected to hear the case in its next
term, which begins in October.
The lawsuit by Cary, North Carolina-based Epic Games
challenged Apple's ( AAPL ) control over transactions in applications
that use the company's iOS operating system and its restrictions
on how apps are distributed to consumers.
Apple ( AAPL ) and Epic have clashed for years over the rules governing
Apple's ( AAPL ) App Store. The contempt ruling and the scope of Apple's ( AAPL )
court-ordered obligations are the latest issues in the dispute
to reach the Supreme Court. Apple ( AAPL ) has said the legal issues in
the litigation will affect how millions of app purchases are
made.
Cupertino, California-based Apple ( AAPL ) mostly defeated Epic's
lawsuit, but was required in a 2021 injunction issued by Rogers
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. Apple ( AAPL ) charges developers a 30% commission for
purchases within the App Store.
Epic argued that the new 27% commission flouted the earlier
injunction. In 2025, Rogers found Apple ( AAPL ) in civil contempt for
violating the injunction.
The San Francisco-based 9th U.S. Circuit Court of Appeals in
December upheld the judge's contempt finding but let Apple ( AAPL ) make
new arguments 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 systems.
That new effort has not yet begun in the district court in
Oakland.
Apple ( AAPL ) has denied violating the judge's order and argued to
the Supreme Court that the injunction should not be applied to
millions of developers beyond Epic Games.
"Regulators around the world are watching this case to
determine what commission rate Apple ( AAPL ) may charge on covered
purchases in huge markets outside the United States," Apple ( AAPL ) told
the Supreme Court in a filing.