Apple has asked the 9th U.S. Circuit Court of Appeals to temporarily halt key parts of a recent court order requiring the company to open its App Store to more competition.
In a filing on Wednesday, the iPhone maker said it would face irreparable harm if the April 30 ruling is not paused while its legal challenge proceeds.
The order stems from a 2020 antitrust lawsuit filed by Fortnite creator Epic Games. U.S. District Judge Yvonne Gonzalez Rogers found Apple in contempt of a previous injunction and directed the company to stop certain practices aimed at limiting app developers’ ability to offer alternative payment options.
Apple’s appeal focuses on two specific provisions: a ban on the company’s newly introduced 27% fee on purchases made outside the App Store, and a restriction preventing Apple from controlling how developers link to external payment methods.
Apple argued in its filing that the court cannot require it to provide free access to its services and claimed the ruling prevents it from managing critical aspects of its business. The company maintains it has acted in good faith and warned that the judge’s order threatens its operational control and revenue model.
Epic Games criticized Apple’s move, calling it a “last ditch effort to block competition and extract massive junk fees at the expense of consumers and developers.” The gaming company said developers have already responded to the injunction with improved payment methods and better offers for consumers.
Judge Gonzalez Rogers previously ruled that Apple had not complied with a 2021 injunction meant to allow developers more flexibility in directing users to lower-cost payment options outside of Apple’s platform. She concluded that Apple deliberately tried to preserve a lucrative revenue stream and misled the court about its compliance efforts.
The judge referred Apple and a company executive to federal prosecutors for a possible criminal contempt investigation.
