Apple has lost its latest legal battle with Epic Games over App Store commissions.Epic CEO Tim Sweeney says Fortnite will return to the U.S.App Store next week.
And with Apple set to report quarterly earnings tomorrow, the timing couldn’t be more pointed.So, what happens now? We’ll share Apple’s official response as soon as one exists.In the meantime, three possible paths lie ahead.
Option 1: Comply The more straightforward route would be full compliance.That would mean removing or modifying the 27% fee and allowing app links to external payment options without added friction.Compliance would likely head off contempt penalties and improve Apple’s standing with the court.
But it could also weaken Apple’s control over its App Store model—both in the U.S.and globally.Option 2: Negotiate Apple could also pursue a middle-ground approach: negotiating a new implementation framework with Epic and the court.
The goal would be to satisfy the injunction while protecting Apple’s business interests—though that may be easier said than done.However, with Epic already submitting Fortnite for App Store approval, this strategy would likely involve delaying or blocking that release, which could further escalate the legal fight.Option 3: Appeal Apple could appeal to the Ninth Circuit Court of Appeals to overturn the enforcement order.
But first, Judge Gonzalez Rogers must formally rule that Apple violated the existing injunction.If that happens, Apple can file a notice of appeal and request a stay to pause enforcement while the appeal is pending.To succeed, Apple would likely argue that its 27% commission on digital goods purchased via in-app links to the web either complies with the injunction or is being misinterpreted.
Separately, Apple can ask the district court—or the Ninth Circuit, if denied—to pause enforcement.That would allow Apple to continue operating the App Store as-is, provided it can convince the court that a delay wouldn’t harm the public or Epic.9to5Mac’s Take Apple has a track record of exhausting every legal avenue, which suggests an appeal is likely.
Still, the company could determine that further appeals are unwinnable and might only make things worse.For now, an appeal seems the most probable next step.Renegotiating App Store rules in a way that satisfies both Epic and the court feels like a long shot, but Apple may pursue it to protect key parts of its business model.
Full compliance is possible, though unlikely—unless Apple frames its changes as compatible with the injunction, whether Epic and the court agree or not.Do more with your iPhone USB-C charger MagSafe battery Wireless CarPlay adapter Craft for iPhone, iPad, Mac Fantastical + Cardhop Follow Zac Hall: X | Threads | Instagram | Mastodon You’re reading 9to5Mac — experts who break news about Apple and its surrounding ecosystem, day after day.Be sure to check out our homepage for all the latest news, and follow 9to5Mac on Twitter, Facebook, and LinkedIn to stay in the loop.
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