The 9th U.S. Circuit Court of Appeals has largely upheld a prior ruling against Apple in its dispute with Epic Games over App Store payment policies. While the court reversed a ban on commissions for external payments, it confirmed that Apple's fees violated an earlier order. This decision stems from a long-running legal battle that began in 2021.
The legal conflict between Apple and Epic Games centers on the tech giant's App Store policies, particularly its control over in-app purchases and commissions. In 2021, U.S. District Judge Yvonne Gonzalez Rogers ordered Apple to permit third-party payment systems on its platform, though she stopped short of deeming the App Store a monopoly.
The case escalated in May 2025 when Judge Rogers found that Apple's imposition of a 27 percent commission on transactions processed through external payment options breached her initial directive. Apple quickly filed an emergency appeal against this contempt ruling.
On December 11, 2025, the 9th U.S. Circuit Court of Appeals issued its decision, affirming most of the lower court's findings on the improper fees but overturning the prohibition on Apple charging any commissions for outside payments. This partial victory for Apple could influence how developers navigate payment alternatives amid ongoing scrutiny of app marketplace practices.
Meanwhile, Epic Games, the maker of Fortnite, had removed the game from both the Apple App Store and Google Play Store during the litigation. The title made a comeback to iOS devices in the spring of 2025 and returned to Android platforms on the same day as the appeals court's ruling.
