In a new filing in its long-running legal dispute with Epic Games, Apple has proposed a structure that would allow it to collect fees on digital purchases made via external links that don’t use the company’s in-app purchase system. Epic has already responded, saying that Apple’s request is “far outside of the bounds” of the court’s guidance.
Right now, Apple cannot take a commission on external purchases after California district court judge Yvonne Gonzalez Rogers ruled in April 2025 that found the company “willfully” didn’t comply with her 2021 Epic Games v. Apple injunction. However, a Ninth Circuit Court of Appeals panel said that Apple should be able to charge a commission based on “necessary costs,” and Apple shared its proposal for fees in Thursday’s filing. (The Supreme Court has also said it will hear arguments about whether Apple willfully violated the April 2025 ruling.)
Under Apple’s proposal, it would collect:
However, Apple says its “necessary costs” to allow external purchases, as defined by the Ninth Circuit, “would be essentially zero.” The company argues that, based on an “expert analysis,” at the proposed rates, “it appears that large numbers of U.S. developers collectively accounting for the lion’s share of App Store revenue will be able to link out profitably.” Apple also says the rates would let it recoup “at least some compensation” for its tools, technologies, and services it provides to developers.
Apple’s filing is in, and Apple admitted that under the Ninth Circuit’s definition of “necessary costs” they would charge 0% for purchases made via linkouts to the web.
Apple proposed linkout fees of 15% for standard apps and 5% for Small Business Program apps. Epic believes these fees are far outside of the bounds of the Ninth Circuit’s guidance on permissible fees, and we have roughly 60 days to file our opposition supported by expert witnesses.
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