The Ninth Circuit upheld findings that Apple violated the court’s anti-steering injunction in the Epic Games dispute, but sent part of the contempt sanctions back for revision. It said Apple may charge some commission on purchases made through external links, without setting a final rate. The Supreme Court has agreed to review only one question in Apple’s appeal; its merits decision was still pending in the latest docket entries reviewed, through September 21, 2026.
What did Apple appeal in the Epic Games case?
Apple’s appeal concerned enforcement of an existing injunction, not a new trial of every claim in Epic Games’ original antitrust lawsuit. Epic challenged App Store rules governing in-app purchases and developers’ ability to direct customers to other ways to pay. The original trial had a mixed outcome: Apple prevailed on the in-app purchase requirement, while Epic prevailed on its California unfair-competition challenge to Apple’s anti-steering restrictions.
In 2021, the district court barred Apple from prohibiting developers from using buttons, links, or other calls to action to direct customers to purchasing mechanisms besides Apple’s in-app purchase system. After the injunction took effect, Apple introduced a link entitlement program that conditioned external links on a commission and restricted their design. The district court found Apple in contempt and entered a contempt-related order on April 30, 2025. Apple appealed that order.
What did the Ninth Circuit decide?
On December 11, 2025, the Ninth Circuit affirmed the contempt findings, reversed and remanded part of the civil contempt sanctions—including the blanket prohibition on commissions—and otherwise affirmed the district court’s order. Judge M. Smith wrote: “We affirm the district court’s contempt findings. We reverse and remand in part the district court’s imposition of civil contempt sanctions, but we otherwise affirm that order.” (Ninth Circuit opinion)
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The court also rejected Apple’s arguments to vacate the injunction and its request for a different district judge on remand. The district court must further amend or modify the injunction in line with the appellate opinion.
Can Apple charge commission on purchases made through external links?
In principle, yes: the Ninth Circuit’s decision left Apple able to charge some commission on purchases made through external links. But the court sent part of the sanctions back for further proceedings, and the sources available through September 21, 2026, do not establish a final commission rate or final terms for those purchases. Apple’s Q3 2026 filing describes the remand; it does not report a settled rate. (Apple Q3 2026 Form 10-Q)
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Do not confuse the unresolved link-out commission with the 30% figure in the Ninth Circuit opinion’s background. That figure describes Apple’s in-app purchase system, under which the opinion says Apple kept 30% and remitted 70% to developers; it is not a ruling on the final commission for external-link purchases. (Ninth Circuit opinion)
What is the Supreme Court reviewing?
The Supreme Court granted Apple’s petition on June 30, 2026, but limited review to Question 1 presented in the petition rather than accepting the entire appeal. Apple filed its merits brief on September 14, 2026. The docket listed November 13, 2026, as the deadline for Epic’s response, so briefing was underway in the latest entries reviewed. The Supreme Court had not yet issued a merits decision in those entries. (Supreme Court docket, No. 25-1311)
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The docket also records that Justice Kagan denied Apple’s request to stay district-court proceedings on August 13, 2026. A short administrative stay ran only through 5 p.m. EDT that day before the application was denied. The district-court proceedings were therefore not paused by that application. (Supreme Court docket, No. 25-1311; Apple’s stay application)
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How the case reached this stage
| Date | Development |
|---|---|
| 2021 | The district court entered the anti-steering injunction, barring Apple from prohibiting developers from directing customers to alternative purchasing mechanisms. |
| April 30, 2025 | The district court found Apple in violation of the injunction and entered a contempt-related order. |
| December 11, 2025 | The Ninth Circuit affirmed the contempt findings, reversed and remanded part of the sanctions, and otherwise affirmed. |
| June 30, 2026 | The Supreme Court granted Apple’s petition, limited to Question 1. |
| August 13, 2026 | Justice Kagan denied Apple’s application to stay district-court proceedings after a short administrative stay that expired that day. |
| September 14, 2026 | Apple filed its Supreme Court merits brief. |
| November 13, 2026 | Deadline listed for Epic’s merits brief; this was a future date in the docket entries reviewed through September 21, 2026. |
The next outcomes to watch are the Supreme Court’s decision on the question it accepted and the district court’s work on the injunction and sanctions. The reviewed sources do not establish either a Supreme Court merits outcome or a final external-link commission rate.
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