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Ninth Circuit Upholds Apple Contempt Finding, Tosses Zero‑Commission Ban in Epic Case

The case now returns to the trial judge to set a non‑prohibitive fee for linked‑out purchases.

Overview

  • The three‑judge panel largely affirmed the April ruling that Apple violated a 2021 anti‑steering injunction with policies that discouraged external payments.
  • It vacated the blanket prohibition on commissions for off‑app transactions and directed the district court to establish a reasonable, non‑prohibitive rate.
  • The court said any fee may cover necessary coordination costs and compensation for directly used intellectual property, not security or privacy features.
  • Apple may require that external payment links, buttons, and calls to action are not more prominent than its in‑app purchase options, but overly restrictive designs remain barred.
  • Apple’s 27% link‑out fee was deemed prohibitive, and the panel rejected Apple’s bids to scrap the injunction or reassign the case to a new judge; Apple cannot resume charging a commission until a compliant rate is set or agreed.