Apple has filed an emergency motion to temporarily fend off changes to the U.S. App Store that were ordered by a district court judge in its antitrust suit with Epic Games.
Judge Yvonne Gonzalez Rogers of the Northern District of California issued an injunction in 2021 requiring Apple to allow app makers to steer users to in-app payment methods not controlled by the company. Apple responded by trying to collect a fee from these transactions—27% instead of its usual 30% take—and putting up what she called “scare” screens to discourage users from availing themselves of other options.
In a blistering ruling a week ago, Gonzalez Rogers accused Apple of deliberately violating her injunction, and even said that an Apple executive lied under oath during the trial, referring the matter to the Department of Justice for possible criminal contempt charges.
Apple said in response to last week’s ruling that it would comply with the injunction, but also would appeal Gonzalez Rogers’ ruling at the U.S. Court of Appeals for the Ninth Circuit. It requested a stay of Gonzalez Rogers’ order late Wednesday. In its motion, Apple argues that the injunction “fundamentally changes Apple’s business and creates destabilizing effects for hundreds of millions of consumers.”
The company said that the restrictions, which it said would cost it substantial amounts of money, are based on conduct that has never been adjudicated. “Without a stay of the challenged prohibitions, Apple will suffer serious and irreparable harm,” it said.
The matter began in 2020 when Epic purposely violated the App Store’s terms of service by including an alternate payment method in its marquee mobile game, Fortnite. After Apple kicked Fortnite out of the App Store, Epic sued on antitrust grounds. Apple prevailed on the majority of claims in the bench trial except that it would have to allow apps to steer customers to alternate methods for in-app payments.
Regardless of the appeals court’s ruling on the emergency stay, Apple will continue its appeal.
In a statement on X, Epic said, “Apple’s Motion to Stay is a last ditch effort to block competition and extract massive junk fees at the expense of consumers and developers.”
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