Apple and Epic Games have escalated their legal dispute over commission structures for purchases made outside the App Store. In a recent court filing, Apple proposed a fee framework that would allow it to collect commissions on digital purchases completed via external links that bypass Apple’s proprietary in-app purchase system.
The dispute stems from ongoing compliance issues related to a 2021 court injunction. A California district court judge previously ruled that Apple willfully failed to comply with the original order, preventing the company from taking commissions on external purchases. However, a Ninth Circuit Court of Appeals panel indicated that Apple should be permitted to charge fees based on “necessary costs,” prompting Apple’s submission of a specific fee proposal.
Apple’s proposed structure would charge 15% commissions for standard applications and 5% for participants in its Small Business Program. The company contends that under the Ninth Circuit’s definition of necessary costs, its own expenses would be essentially zero, yet maintains the proposed rates are justified as compensation for the tools, technologies, and services it provides to developers. Apple argues that at these rates, many developers would retain the ability to profit from linkouts.
Epic Games has rejected Apple’s proposal as exceeding the boundaries of the appellate court’s guidance. The gaming company stated it will file an opposition within approximately 60 days, supported by expert testimony. The Supreme Court has also agreed to hear arguments regarding whether Apple violated the April 2025 ruling, adding another layer to the ongoing litigation.
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