Apple seeks 15 per cent cut on external App Store purchases as Epic pushes back
Epic Games argues the proposed rates exceed Ninth Circuit guidance on ‘necessary costs’, while Apple contends the fees recoup platform compensation
Apple has filed a proposal in its ongoing legal dispute with Epic Games to collect fees on digital purchases made via external links outside the App Store. The filing outlines a structure that would allow the technology giant to take a 15 per cent commission on standard applications and a 5 per cent cut from developers enrolled in the Small Business Program.
The proposal comes in the wake of a ruling by California district court judge Yvonne Gonzalez Rogers in April 2025, which found that Apple had “willfully” failed to comply with the 2021 injunction from Epic Games v. Apple. Consequently, Apple is currently prohibited from taking a commission on external purchases. However, a Ninth Circuit Court of Appeals panel subsequently ruled that Apple should be permitted to charge a commission based on “necessary costs.”
In its filing, Apple argues it is entitled to recoup “at least some compensation” for the platform, tools, and technologies it provides to developers. The company contends that under the Ninth Circuit’s definition of “necessary costs,” the cost to allow external purchases is “essentially zero,” thereby justifying the proposed fees. Apple also cited an “expert analysis” suggesting that at the proposed rates, a large number of U.S. developers would be able to link out profitably.
Epic Games has responded sharply to the filing, stating that Apple’s request is “far outside of the bounds” of the Ninth Circuit Court of Appeals’ guidance. An Epic spokesperson highlighted the contradiction in Apple’s position, noting that the company admitted its necessary costs were zero under the court’s definition yet proposed significant fees. Epic contends the rates are excessive and do not align with the court’s instructions on permissible fees.
The legal proceedings remain active, with Epic Games having approximately 60 days to file an opposition supported by expert witnesses. Complicating the dispute further, the Supreme Court has indicated it will hear arguments regarding whether Apple willfully violated the April 2025 ruling. The final determination of the fees remains uncertain as the opposition has not yet been filed.
