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 donât use the companyâs in-app purchase system. Epic has already responded, saying that Appleâs request is âfar outside of the boundsâ of the courtâs 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 âwillfullyâ didnât 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 ânecessary costs,â and Apple shared its proposal for fees in Thursdayâs filing. (The Supreme Court has also said it will hear arguments about whether Apple willfully violated the April 2025 ruling.)
Under Appleâs proposal, it would collect:
However, Apple says its ânecessary costsâ to allow external purchases, as defined by the Ninth Circuit, âwould be essentially zero.â The company argues that, based on an âexpert analysis,â at the proposed rates, âit appears that large numbers of U.S. developers collectively accounting for the lionâs share of App Store revenue will be able to link out profitably.â Apple also says the rates would let it recoup âat least some compensationâ for its tools, technologies, and services it provides to developers.
Appleâs filing is in, and Apple admitted that under the Ninth Circuitâs definition of ânecessary costsâ 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 Circuitâs guidance on permissible fees, and we have roughly 60 days to file our opposition supported by expert witnesses.
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