The justices will review whether Apple can be held in civil contempt for violating the “spirit” of a 2021 App Store injunction in its long-running fight with Epic Games.
The U.S. Supreme Court agreed on Tuesday to hear Apple's appeal of a ruling that found the company in contempt in its legal battle with Epic Games over App Store fees and payment rules. The case centers on whether a court may impose civil contempt based on conduct not expressly barred by an injunction's text but found to violate its “spirit,” a question the justices framed in taking up the appeal. The dispute began with Epic's 2020 antitrust lawsuit challenging Apple's restrictions on steering users to outside payment options. U.S. District Judge Yvonne Gonzalez Rogers ordered Apple in 2021 to allow external payment links, and Apple later introduced a system permitting those links while charging commissions ranging from 12% to 27% on resulting sales, compared with its earlier 30% App Store commission and a 15% rate for many smaller developers from 2020. Epic said that amounted to “malicious compliance,” and Rogers found Apple in contempt in April 2025. An appeals court largely affirmed that finding in December, though it struck down a provision that would have barred Apple from charging any commission on purchases made through external links. The Supreme Court declined to take up Apple's separate argument that the injunction should apply only to Epic rather than all U.S.-based developers, leaving the broader scope in place for now. Oral arguments are expected after the court's new term begins in October, with a ruling likely by June 2027. The contempt finding remains in effect after Justice Elena Kagan denied Apple's request to pause it last month.