The Apple vs. Epic Games lawsuit over App Store rules has finally ended. The United States Supreme Court today refused to hear separate appeal requests from both parties in their long-standing legal battle.
Apple in September 2023 made a request to the Supreme Court to hear its appeal over the portion of a lower court’s ruling that went in Epic’s favor. This was over Apple’s App Store rules that bars developers from directing users to purchase methods outside of the App Store. If users do not make in-app purchases via the App Store, Apple doesn’t get its 15 to 30% cut of the action.
Meanwhile, Epic Games also made a request for the Supremes to make a ruling on the case. The Supremem Court was the last change for Epic Games after losing an appeal earlier in the year, when the Ninth Circuit Court of Appeals in April 2023 confirmed a lower court’s ruling that Apple’s App Store rules do not violate antitrust law by not allowing for third-party marketplaces.
Epic in August 2020 implemented a direct payment feature in the iOS version of “Fortnite” in violation of Apple’s App Store policies. Apple subsequently removed the game, and Epic Games filed a lawsuit.
Epic Games had argued that it’s been denied access to iOS, which it claims is an “essential facility” due to the fact it’s been blocked access to the App Store. Apple is specifically accused of violating Section 2 of the Sherman Act through “its unlawful denial to Epic and other app distributors of an essential facility—access to iOS.”
In September 2021, Judge Yvonne Gonzalez Rogers ruled that Apple was not a monopoly. However, Apple would be forced to change its “anti-steering” rules that prohibit developers from directly communicating with customers about alternate payment options.
Due to the Supreme Court’s decision today, the previous ruling will stay intact. While Apple will be allowed to prevent third-party payment processing in-apps, they will be required to allow developers to let users know about purchasing options available outside of the App Store.
