Apple and Epic Games Ask Supreme Court to Decide App Store Battle
Apple and Epic Games Ask Supreme Court to Decide App Store Battle
Apple and Epic Games have both asked the US Supreme Court to review their long-running fight over the App Store. The two companies disagree about what the earlier courts decided and what should happen next.
What Started This Fight
Apple controls the App Store, where people buy apps for iPhones and iPads. For years, Apple had a rule: app makers could not tell users to pay for things outside the App Store. If an app wanted to charge money, it had to use Apple's payment system, and Apple took a cut of the fees.
Epic Games, which makes the popular game Fortnite, said this was unfair. They argued Apple was using its control of the App Store to force developers like them to use Apple's payment system, even when they didn't want to.
A lower court agreed with some of Epic's complaints. It ordered Apple to stop enforcing this payment rule against all App Store developers—not just Epic. This is called a "universal injunction" because it affects every developer, not just the company that sued.
The Two Different Fights
Apple and Epic filed separate requests with the Supreme Court on September 27 and 28, 2023. They're asking the Court to look at different parts of what happened.
Apple wants the Supreme Court to reverse the universal injunction. The company argues that a court should not tell it how to treat thousands of developers when only Epic sued. That should be decided later, if those other developers bring their own cases.
Epic wants the Supreme Court to say Apple's App Store practices are illegal under antitrust law—the rules that prevent companies from unfairly controlling a market. Epic is pushing for broader changes to how Apple runs the store.
What Changed Already
The Supreme Court has already been asked to step in once. In August 2023, Epic asked the Court to let the lower court's decision take effect right away while Apple's appeal was still happening. The Supreme Court said no—Apple could keep its current payment system in place while the case continued.
This slowed things down for Epic. It also meant developers could not immediately start directing customers to pay outside the App Store.
This Is Happening Elsewhere Too
The broader context here is that governments around the world are starting to question whether companies like Apple should control their app stores so strictly. The European Union passed laws requiring Apple to allow alternative app stores and payment methods in Europe. Similar ideas have been proposed in the United States.
The tricky part is actually building this. Letting people pay outside the App Store means creating new computer systems, changing how apps work, and figuring out money splits with Apple. These changes are harder than they might sound from the outside.
We have seen similar situations before. In the late 1990s, Microsoft faced legal challenges over bundling Internet Explorer with Windows. Undoing that bundle was technically complicated, and it shaped how companies thought about building their products for years afterward.
What Happens Next
If the Supreme Court decides to hear both cases, the justices will focus on legal questions rather than broad policy questions. In Apple's case, they will decide whether a court can order rules that affect thousands of people who were not part of the original lawsuit.
In Epic's case, they will decide whether Apple's control of the App Store breaks antitrust law.
The Supreme Court typically announces which cases it will hear by mid-2024. If they take both cases, decisions would likely come in 2024 or 2025.
For app developers and companies like Apple, the outcome will matter. It will set boundaries on how much control Apple—or any company running a digital platform—can have over the people and businesses that use it.
