Ninth Circuit Unanimously Denies Apple Rehearing in Epic Games Case

The U.S. Court of Appeals for the Ninth Circuit has unanimously denied Apple's request for a rehearing in its long-running antitrust dispute with Epic Games, according to a report by 9to5Mac published Monday. The denial closes off Apple's options at the appellate level for the specific issues at stake in the rehearing request, pushing the company closer to compliance with court orders that have required changes to its App Store payment practices. The case centers on Apple's requirement that iOS app developers use its proprietary in-app purchase system, which charges commissions of 15 to 30 percent on digital transactions. The Ninth Circuit's original ruling, issued in 2023, found that Apple had violated California's unfair competition law by prohibiting developers from including links or buttons directing users to external payment options. The court required Apple to allow such anti-steering communications, a ruling that Apple has resisted implementing fully. A subsequent contempt finding against Apple by District Judge Yvonne Gonzalez Rogers found that the company had willfully violated the injunction and referred the matter to federal prosecutors for a criminal contempt investigation, an unusually severe judicial response. Epic Games, the maker of Fortnite, brought the original suit in 2020 after Apple removed Fortnite from the App Store following Epic's introduction of a direct payment option that bypassed Apple's commission system. The litigation has spanned six years and produced rulings that are reshaping how Apple operates its platform business in the United States and globally. Apple may seek review by the U.S. Supreme Court, though the company has not announced whether it intends to do so.