Apple has filed an emergency application with the Supreme Court, asking for a stay on App Store fee calculations while it waits to hear whether the Court will consider the latest developments in its legal battle with Epic Games. The filing, made on May 4, 2026, seeks to pause a lower court proceeding that would determine a reasonable commission Apple can charge on purchases made through links to alternate payment options in apps.
Background
The dispute stems from the 2021 U.S. Northern District Court of California ruling in Epic Games v. Apple, which ordered Apple to relax its anti-steering rules. Apple was told to allow developers to link to third-party payment options in apps. Apple complied but still charged fees (three percent less than its standard 30% commission). The court later found Apple in contempt of court for willfully violating the injunction.
In April 2025, Apple was barred from collecting any fees on links in apps in the U.S. App Store, a change Apple implemented that same month. Apple appealed, and the Ninth Circuit Court of Appeals agreed Apple violated the injunction but said the company should be able to receive compensation for its technology. The appeals court then ordered the district court to calculate a reasonable fee.
What Apple is asking for
Apple is now asking the Supreme Court for a stay of the mandate that would send the case back to the district court for fee calculations. The mandate goes into effect on May 5, 2026. Apple argues that without a stay, it will face irreparable harm. The company says it would have to litigate the fundamentals of its business model with the "highly prejudicial taint of being (improperly) found to have acted in contempt of the court's initial order" with the world watching. Apple also says the case would require it to disclose confidential business information, which cannot be undone.
Apple wants to keep its current zero-fee link-out commission structure in place while it appeals to the Supreme Court. This means developers in the U.S. would continue to pay no fees for purchases made using third-party payment options in their apps while the case plays out.
What happens next
If the Supreme Court grants Apple's request for a stay, the zero-fee setup will remain in place while Apple waits on a decision from the Supreme Court. If the Supreme Court does not grant the stay or declines to hear the case, Apple and Epic Games will return to the district court to determine the reasonable fee that Apple can collect.
Apple has also suggested that its filing could be used as a certiorari petition, so a decision on whether the Supreme Court will hear the case could come soon. Apple will not be able to submit a petition for certiorari that