Particle.news
Download on the App Store

Ninth Circuit Narrows Apple Sanctions but Upholds Epic App Store Injunction

The ruling preserves developer links to external payments, sending the commission question back to the trial court.

Overview

  • A three-judge panel reversed the district court’s blanket ban on Apple charging any commission tied to off‑platform purchases and ordered that portion of the order to be modified.
  • The appeals court left in place most of the contempt finding against Apple and affirmed the earlier anti‑steering injunction requiring Apple to allow links to outside payment options.
  • Judges rejected Apple’s argument that the injunction should apply only to Epic Games rather than to developers more broadly.
  • The panel agreed Apple’s 27% fee on external purchases and certain design rules had a prohibitive effect on steering, while clarifying Apple may not make links hard to use but may limit link prominence relative to its own interface.
  • The case returns to the trial court to set a permissible, non‑prohibitive commission, with the district judge’s prior referral of Apple to federal prosecutors for possible criminal contempt still part of the record.