Epic Games Inc. asked the US Supreme Court to review a judge’s 2021 ruling that Apple Inc.’s App Store policies don’t violate federal antitrust laws.
Epic’s request is the latest in a long-running battle between the maker of Fortnite and Apple over the way the iPhone maker runs its marketplace. Billions of dollars in revenue are at stake for Apple, which charges developers a commission of as much as 30% for digital goods and services sold through its App Store — a fee Epic is trying to get around paying for its games.
The Supreme Court, per its regular schedule, could decide by the end of the year whether it will take up the case.
In a decision issued two years ago following a trial, a federal judge in Oakland, California, largely rejected Epic’s claims that Apple’s online marketplace policies violated federal law by barring third-party app marketplaces on its operating system.
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In April, the 9th US Circuit Court of Appeals affirmed the trial judge’s decision. But the appeals panel also upheld a part of the judge’s ruling in Epic’s favor, in which she found that Apple flouted California state law by blocking developers from letting consumers know about alternative payment methods.
Apple is expected to file its own petition with the Supreme Court challenging the portion of the ruling in favor of Epic before a Sept. 28 deadline.
The Supreme Court in August rejected Epic’s request to let developers start directing iPhone users to other purchasing options, and let Apple keep its current payment rules in place for the time being.
In its petition, Epic urged the Supreme Court to examine whether there’s another way to achieve benefits for consumers and developers without causing them harm.
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