Ninth Circuit rejects Apple's bid to pause App Store payment changes as dispute moves to Supreme Court

The US Court of Appeals for the Ninth Circuit has rejected Apple's application to pause court-ordered changes to App Store payment rules. This decision means the tech giant must continue to permit developers to utilise external purchase links within applications without incurring the standard 30 per cent fee. The ruling effectively reverses a previous stay order that had temporarily halted these modifications while Apple sought review by the Supreme Court.

According to the latest filing reviewed by TechCrunch, the appellate court determined that Apple failed to demonstrate good cause to sustain the prior stay. The judges also concluded that the company had not shown that proceedings on remand would result in irreparable harm if the external payment changes remained in place. Consequently, the procedural victory for Epic Games ensures that the implementation of the new payment structures proceeds without further delay.

Epic Games, the maker of Fortnite, had characterised Apple's attempt to pause the changes as a delay tactic. The company celebrated the court's decision in its favour, noting that Apple had not persuaded the judges that it would suffer serious damage if the App Store changes stayed in place while the legal battle continued. This stance marks another step in the ongoing litigation between the two companies regarding App Store fees and payment restrictions.

The core legal question remains whether Apple can collect fees on purchases made outside its US App Store, and if so, the specific amount applicable. While this procedural ruling keeps the case moving forward, it does not resolve the substantive legal arguments regarding fee collection on external payments. The final outcome of the case will ultimately determine the financial implications for developers and the revenue model for the iPhone maker.

As the dispute now proceeds directly toward the US Supreme Court, the timeline for a final resolution remains uncertain. It is not yet confirmed whether the Supreme Court will agree to hear the appeal, leaving the specific questions of fee applicability pending. If the Supreme Court does not take the case, the Ninth Circuit's ruling would likely stand, meaning Apple must continue implementing the external payment changes.

TechCrunch reports that the latest development swings things back in developers' favour, forcing Apple to keep its fee changes at least for the time being. The case continues to be a significant test of the regulatory landscape surrounding digital marketplaces and the power of dominant platform operators.