Apple asks Supreme Court to pause Epic mandate over App Store commissions
Apple Inc. has filed an application with the U.S. Supreme Court, addressed to Justice Elena Kagan, to stay the mandate of the Ninth Circuit Court of Appeals. Apple is seeking a stay pending its forthcoming petition for a writ of certiorari, arguing that the Ninth Circuit's civil contempt finding regarding App Store commissions and the universal scope of its injunction warrant Supreme Court review due to circuit splits and disregard for established equitable limits. The company contends that it faces irreparable harm if it is forced to proceed with remand proceedings under the current rulings, which could reshape the global app market.
Key Takeaways
- Apple is asking Justice Elena Kagan to stay the Ninth Circuit mandate pending a certiorari petition, with the mandate scheduled for May 5, 2026.
- The filing says the Ninth Circuit upheld civil contempt based on the injunction’s “spirit,” even though the text did not mention App Store commissions.
- Apple argues the injunction now reaches “literally millions” of registered developers, not just Epic Games, the only plaintiff in the case.
- The company says remand proceedings could force it to disclose confidential App Store business information about the commission it may charge on linked-out purchases.
- Apple cites its May 29, 2025 update that the U.S. App Store facilitated over $400 billion in developer billings and sales in 2024.
Why It Matters
Apple is trying to stop remand proceedings before they begin, arguing that the contempt label and the Ninth Circuit’s universal injunction could reshape how it sets App Store commissions for linked-out purchases. The filing also frames the case as bigger than Epic, since the injunction applies to all registered developers worldwide and Apple says regulators are watching the outcome in other markets. The next concrete signal is whether the Supreme Court grants a stay before the Ninth Circuit mandate issues on May 5, 2026.
Read full article at supremecourt.gov