Apple loses bid to pause App Store fee changes as case heads to Supreme Court

Epic Games has scored another procedural win in its fight with Apple over App Store fees, as the U.S. Court of Appeals for the Ninth Circuit has now granted the Fortnite maker’s latest motion. The decision means Apple must continue to allow developers to link to external payment options in their apps without charging commissions on those purchases, for now.

An earlier order had let Apple temporarily pause the required App Store changes while it sought Supreme Court review. Epic Games derided Apple’s move as “another delay tactic” and asked the court to reconsider the decision.

The latest ruling means Apple’s request to put the changes on hold has been reversed, swinging things back in developers’ favor and forcing the iPhone maker to keep its fee changes in place, at least for the time being.

The final outcome of the case will determine whether Apple can collect fees on purchases made outside its U.S. App Store — and if so, how much. This also touches on aspects of mobile apps.

In a post on X, Epic celebrated the court’s decision in its favor, pointing to the latest filing, which stated, “Apple has failed to show excellent cause to sustain our prior stay order. Apple has not demonstrated that any proceedings on remand will cause it irreparable harm if our decision is not stayed.”

In other words, the court wasn’t persuaded that Apple would suffer serious damage if the App Store changes stayed in place while the legal battle continued.

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