9th Circuit Upholds Apple Contempt in Epic Case, Reverses Fee Ban

The 9th U.S. Circuit Court of Appeals ruled Thursday that Apple must face most of a lower court's contempt finding for violating an order to allow alternative payment options in its App Store, but the three-judge panel reversed a provision that barred the company from charging any commissions on those external transactions.

The decision stems from a long-running antitrust lawsuit filed by Epic Games in 2020, accusing Apple of anticompetitive practices through its control over iPhone app distribution and in-app purchases. Epic, the maker of the popular video game Fortnite, challenged Apple's requirement that all in-app payments go through its own system, on which the company takes commissions of 15 to 30 percent. U.S. District Judge Yvonne Gonzalez Rogers presided over the case in Oakland, California.

In September 2021, Gonzalez Rogers rejected Epic's claim that Apple's App Store constituted an illegal monopoly but ordered the company to permit developers to include links or buttons directing users to external payment methods. Apple complied by allowing such steering but introduced a 27 percent commission on purchases made outside the App Store if they occurred within seven days...