A federal judge has ruled that Apple violated a 2021 injunction by continuing to charge fees on external app purchases, referring the case for possible criminal contempt. The decision forces Apple to allow developers to link to alternative payment methods without imposing commissions, prompting Epic Games to announce Fortnite’s imminent return to the U.S. App Store.
U.S. District Judge Yvonne Gonzalez Rogers has determined that Apple “willfully” failed to comply with a 2021 court order requiring the company to permit app developers to direct users to external payment options. Despite the injunction, Apple implemented a policy charging a 27% commission on such transactions, which the judge deemed a deliberate evasion of the court’s mandate .
“This was a deliberate choice by Apple to extract commissions on purchases made outside of its App Store, in direct violation of the court’s order,” Judge Gonzalez Rogers stated. She criticized Apple’s leadership, noting that CEO Tim Cook “chose poorly” by disregarding advice from senior executives to comply with the injunction .
The judge’s ruling prohibits Apple from:
- Charging any commission on purchases made outside of apps.
- Restricting how developers present links or buttons directing users to external purchasing options.
- Displaying deterrent messages that dissuade users from leaving the app for external purchases .
In response, Apple expressed strong disagreement with the decision but confirmed it would comply with the order while pursuing an appeal. “We strongly disagree with the decision. We will comply with the court’s order and we will appeal,” said Olivia Dalton, Apple’s senior director of corporate communications .
Epic Games CEO Tim Sweeney announced that Fortnite would return to the U.S. iOS App Store next week. He also proposed a global resolution: “If Apple extends the court’s friction-free, Apple-tax-free framework worldwide, we’ll return Fortnite to the App Store worldwide and drop current actions” .
This ruling may mark the end of the battle between Apple and Epic Games, potentially altering the dynamics of app store commerce. Developers may now have more freedom to implement alternative payment methods without incurring additional fees from Apple. The decision could also influence other tech giants and prompt further scrutiny of app store policies worldwide.
