Supreme Court Declines to Pause Contempt Order Against Apple in Epic Games Dispute

The U.S. Supreme Court rejected Apple's request Wednesday to temporarily block a judicial order finding the iPhone maker in contempt of court, a setback for the company as its long-running antitrust fight with "Fortnite" maker Epic Games reaches yet another critical juncture.

Justice Elena Kagan, acting on behalf of the full court, declined to pause a ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that deemed Apple in contempt as part of Epic's lawsuit contesting App Store fees. Apple had sought the delay to buy time to file a full Supreme Court appeal of the 9th Circuit decision.

The dispute between Apple and Epic stretches back to 2020, when Epic brought litigation seeking to loosen Apple's control over in-app transactions on its iOS operating system and its restrictions on how apps reach consumers.

Apple largely defeated that challenge, but a 2021 court injunction required the company to allow developers to include links within their apps directing users to payment options outside the App Store. Apple complied with the letter of that order but imposed a new 27% commission on developers for purchases made through third-party payment systems within seven days of a user clicking such a link — compared with the 30% commission it charges for purchases made directly within the App Store.

Epic argued the new commission structure violated the spirit of the original injunction. U.S. District Judge Yvonne Gonzalez Rogers agreed, finding Apple in civil contempt in 2025. The 9th Circuit upheld that finding in December, while allowing Apple to make fresh arguments about what commission rate it should be permitted to charge for digital goods purchased through third-party systems.

Apple has denied any violation, contending that the injunction should not extend to the millions of developers beyond Epic Games. The company also raised the international stakes of the ruling in a Supreme Court filing, writing, "Regulators around the world are watching this case to determine what commission rate Apple may charge on covered purchases in huge markets outside the United States."

Epic countered that any further delay would "give Apple more time to continue unfairly profiting at the expense of consumers and app developers."

Apple said the 9th Circuit decision would affect how millions of app purchases are conducted, underscoring the broad commercial reach of a case that began as a dispute between two companies but has since drawn scrutiny from regulators across multiple jurisdictions.

The Supreme Court's refusal to pause the contempt order means Apple must continue operating under the existing judicial constraints while it prepares its full appeal — a process that could keep the App Store's fee structure under legal pressure for months to come.

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