Supreme Court Declines to Delay Apple's App Store Contempt Order
The US Supreme Court has refused to pause the order holding Apple in contempt in the Epic Games App Store dispute on May 6, 2026.
Justice Elena Kagan, acting on behalf of the court, denied Apple’s emergency stay application without referring it to the full bench, indicating that the request was not a close call. This leaves the Ninth Circuit's contempt finding intact while Apple's underlying petition for certiorari proceeds.
Background
The contempt finding stems from US District Judge Yvonne Gonzalez Rogers' ruling in April 2025 that Apple had "wilfully" failed to comply with anti-steering injunctions issued in the original Epic Games v. Apple judgment. The Ninth Circuit upheld this decision.
The dispute centers around what commission, if any, Apple can charge on payments made through external links inside iOS apps. Prior to Gonzalez Rogers' contempt ruling, Apple charged 27% on these payments, lower than the standard App Store rate. The judge's order extended the original injunction to bar Apple from collecting any fees on third-party storefronts.
As a result, Apple has not been charging commission on external-link payments for almost a year.
Apple’s Argument and Epic’s Response
Apple argued in its Supreme Court filing that the order forces the company to forgo billions of dollars in commission revenue while its appeal is pending. Tim Sweeney, CEO of Epic, accused Apple of using "stall tactics" by seeking a stay so soon after the Ninth Circuit ruling.
Next Steps
The case returns to Judge Gonzalez Rogers in Oakland for further proceedings on what commission, if any, Apple can lawfully charge developers for purchases made through external-link redirections. The judge has also referred the matter to federal attorneys for possible criminal contempt proceedings due to alleged lies by Apple executives under oath about their compliance approach.
The original Epic Games v. Apple ruling dates back to 2021 and, while largely a victory for Apple, the Supreme Court declined to hear cross-appeals in January 2024.