Apple announced on Monday that it will petition the United States Supreme Court to hear its challenge to a judge’s order in an antitrust case brought by “Fortnite” creator Epic Games, which might force the iPhone manufacturer to adjust payment processes in its App Store.
Apple said in a court filing that it will ask the Supreme Court to hear its appeal of a verdict announced on Friday by the San Francisco-based 9th U.S. Circuit Court of Appeals that upheld the majority of the order granted by U.S. District Judge Yvonne Gonzalez Rogers in 2021.
According to the judge’s ruling, Apple could not restrict developers from including links and buttons to payment choices in their apps that direct users away from the App Store, potentially reducing Apple’s sales commissions.
Epic filed a lawsuit against Apple in 2020, alleging the fee Apple charges for in-app purchases. Epic sought an order to stop Apple’s practice rather than monetary damages. Rogers rejected the majority of Epic’s claims, but he did issue the order that Apple is fighting.
Epic opposed crucial aspects of the judge’s finding that supported Apple in 9th Circuit appeals, while Apple challenged the order concerning the App Store. In April, the 9th Circuit sustained the majority of the judge’s decision. The 9th Circuit rejected requests from Apple and Epic requesting the court to reconsider its April ruling on Friday.
Epic Games can potentially request that the Supreme Court hear its case.
Epic’s appeal to the Ninth Circuit tried to resurrect antitrust arguments against Apple for its limited app distribution and payment systems.
According to Apple’s attorneys, the 9th Circuit went too far in ordering a countrywide injunction against Apple, arguing that it violated a California state unfair competition law.
Apple’s petition to the Supreme Court will raise “far-reaching and important” questions regarding the jurisdiction of judges to grant wide injunctions, according to the company.
