The long-running legal war between Apple and Epic Games is entering a critical new phase. The U.S. Supreme Court has agreed to hear Apple's appeal of a contempt order in the Epic Games v. Apple case, a dispute that began nearly five years ago when Epic attempted to bypass Apple's in-app purchase system in Fortnite. The development comes as Fortnite returns to Apple's App Store for the first time since 2020, but the underlying battle over App Store fees and Apple's control over payments is far from over.
How the dispute began
In August 2020, Epic Games deliberately introduced a direct payment system into Fortnite on iOS, violating Apple's App Store rules. Apple responded by removing Fortnite from the App Store, prompting Epic to sue, alleging antitrust violations. In September 2021, U.S. District Judge Yvonne Gonzalez Rogers issued a landmark ruling that was largely favorable to Apple, but she also found that Apple's anti-steering rules—which prohibited developers from directing users to external payment options—violated California's unfair competition law. She issued an injunction requiring Apple to allow external payment links.
However, Apple's compliance with that injunction became the subject of renewed litigation. In April 2025, Judge Rogers found Apple 'willfully' violated her injunction, holding the tech giant in contempt. According to The Verge, the ruling was a significant blow to Apple, and the Ninth Circuit Court of Appeals subsequently declined to block the contempt finding. Apple has now asked the Supreme Court to review the contempt order, specifically focusing on whether Apple can be forced to allow external payments without collecting a fee.
The Supreme Court appeal
Apple's petition to the Supreme Court centers on the 27% commission Apple has proposed to charge on purchases made through external links. In a filing reported by The Verge, Apple argued that it should be permitted to collect a fee for digital purchases made via external links that don't use its in-app purchase system. Epic responded that Apple's proposal is 'far outside of the bounds' of the court's guidance, arguing that Apple is attempting to undermine the injunction's intent.
The Supreme Court agreed to hear Apple's appeal, but in a separate order, the Court refused to pause the underlying contempt proceedings. As a result, the App Store fee fight will continue in district court while the appeal is pending. Lower court proceedings are set to move forward, with Apple required to justify its fee structure. TechSpot noted that this is a significant escalation in the legal battle, as the Supreme Court rarely takes up such cases.
A spokesperson for Epic welcomed the Supreme Court's decision to review, but stressed that the lower court's contempt finding remains in place. Reuters reported that Apple's request to delay proceedings was denied, allowing the case to move forward.
Fortnite returns to the App Store
Amid the legal turmoil, Epic Games and Apple reached a temporary truce in the commercial sense. In July 2025, Fortnite returned to the App Store for iPhone users in the United States, marking the first time the game has been available on iOS since 2020. As The Verge reported, the return came after Apple allowed Epic to restore its developer account, and Epic has promised to comply with the current court orders. However, the return does not signal an end to the dispute; rather, it is a strategic move by both companies to avoid further antitrust scrutiny while the legal process unfolds.
Earlier this year, Epic also launched its own game store on iOS in Europe under the requirements of the Digital Markets Act, but the return to the global App Store represents a larger milestone. Cult of Mac described the return as a major win for Epic, but cautioned that the fight over fees is likely to continue for years.
Industry backing and the stakes
Epic has received support from several major tech companies in its fight against Apple's App Store practices. GamesIndustry.biz reported that Microsoft, Meta, X (formerly Twitter), and Match Group have filed amicus briefs backing Epic, arguing that Apple is ignoring the court's ruling. The companies contend that Apple's compliance tactics continue to harm developers and consumers.
- Microsoft
- Meta
- X (formerly Twitter)
- Match Group
Epic has also spent over $100 million in legal fees to pursue the case, according to MacRumors. The outcome of the Supreme Court review could have profound implications for the entire app ecosystem, affecting the commission rates developers pay and the degree of control Apple and other platform operators can exert.
'Apple has created a legal mess by skirting a judge's ruling,' noted The New York Times in a recent analysis, underscoring the complexity of the case.
What happens next
The Supreme Court is expected to hear oral arguments in the coming months. The key legal questions are whether the contempt order against Apple was appropriate and whether Apple's proposed external payment fee structure complies with the injunction. Legal experts say the ruling could set a precedent for how app stores are regulated in the U.S. and potentially affect ongoing antitrust challenges to Google's Play Store as well.
For now, Apple's App Store remains a walled garden, but the walls are starting to show cracks. As Judge Rogers' original ruling recognized, developers must be able to inform consumers of alternative payment options without fear of retribution. Whether Apple can still collect a fee on those transactions is a question that now rests with the highest court in the land.
