Ninth Circuit Reverses Stay in Apple-Epic Case

The U.S. Court of Appeals for the Ninth Circuit ruled on Tuesday that Apple must proceed with changes to its App Store policies, reversing an earlier decision that had paused enforcement while the company seeks U.S. Supreme Court review in its ongoing dispute with Epic Games.

The three-judge panel granted Epic's motion for reconsideration, finding that Apple had not demonstrated good cause to maintain the stay. "Apple has failed to show good cause to sustain our prior stay order," the court wrote in its order. "Apple has not demonstrated that any proceedings on remand will cause it irreparable harm if our decision is not stayed." The judges noted that even if the Supreme Court takes up Apple's petition for certiorari, further proceedings in the lower court on commission rates would likely continue regardless.

The ruling sends the case back to U.S. District Judge Yvonne Gonzalez Rogers in California, who will determine the commission Apple may charge on purchases made through external payment links provided in apps. Apple had argued that lower-court proceedings would be premature and potentially duplicative, but the Ninth Circuit rejected that claim, citing Federal Rule of...