Ninth Circuit Judges Sympathetic to Apple’s App Store Commission Appeal

Apple's appeal against a contempt ruling for App Store policies saw Ninth Circuit judges sympathetic to its 27% commission on external payments, questioning the lower court's finding of willful violation. This could reverse the decision, bolstering Apple's position amid global antitrust pressures and influencing tech regulations.
Ninth Circuit Judges Sympathetic to Apple’s App Store Commission Appeal
Written by Emma Rogers

Apple’s ongoing legal battle over its App Store policies took a potentially favorable turn this week as a panel of federal appeals court judges appeared sympathetic to the company’s arguments during a hearing in San Francisco. The case stems from a contempt ruling earlier this year, where U.S. District Judge Yvonne Gonzalez Rogers found Apple in violation of her 2021 order mandating that developers be allowed to direct users to alternative payment methods outside the App Store. Apple, appealing the decision, contended that its implementation of external links complies with the spirit of the injunction, even if it includes a 27% commission on those transactions.

During the hearing before the Ninth Circuit Court of Appeals, judges questioned the lower court’s finding of willful contempt, with one judge noting that Apple’s actions seemed like a good-faith effort to balance security concerns with competition. This skepticism could signal a reversal, providing relief to Apple amid mounting antitrust pressures from regulators worldwide.

Judicial Scrutiny on Compliance Details

The appeal hearing delved into the nuances of Apple’s revised App Store guidelines, which permit developers to include links to external websites for payments but impose fees and auditing requirements. Apple’s legal team argued that these measures are necessary to protect users from fraud and maintain the ecosystem’s integrity, a point that resonated with the bench. Judge Milan D. Smith Jr., for instance, pressed Epic Games’ representatives on whether the original order explicitly prohibited such commissions, suggesting the district court’s interpretation might have overreached.

Epic, the Fortnite maker that initiated the lawsuit in 2020, countered that Apple’s rules effectively deter developers from using alternatives, preserving the company’s monopoly on in-app purchases. Yet, the judges’ line of questioning, as reported in AppleInsider, leaned toward viewing Apple’s approach as permissible innovation rather than defiance.

Background of the Epic vs. Apple Saga

To understand the stakes, recall the landmark 2021 trial where Judge Gonzalez Rogers largely sided with Apple but struck down its anti-steering provisions, which barred developers from informing users about cheaper payment options. Apple complied by updating its policies in 2022, but Epic and other critics, including Spotify, alleged the changes were superficial. This led to the contempt finding in April, with Gonzalez Rogers criticizing Apple’s 27% fee as an undue burden, potentially opening the door to criminal referrals.

Industry observers note that a win for Apple here could solidify its control over the App Store, which generates billions in revenue annually. However, as detailed in a The Verge analysis of prior Supreme Court considerations, broader antitrust challenges loom, including a separate Department of Justice lawsuit accusing Apple of anti-competitive practices across its ecosystem.

Potential Implications for Tech Regulation

If the appeals court overturns the contempt ruling, it might embolden Apple to resist similar mandates in Europe under the Digital Markets Act, where it’s already adapting to sideloading and third-party app stores. Legal experts suggest this could influence how courts interpret “willful” violations in tech cases, setting precedents for companies like Google facing parallel scrutiny.

Conversely, an affirmation of the lower court’s decision would force Apple to further liberalize its policies, potentially reducing its commission revenues and empowering developers. As Daring Fireball pointed out in its coverage of the initial ruling, Apple’s internal debates—revealed through executive testimony—highlight the tension between profit motives and regulatory compliance.

Broader Industry Ramifications

The hearing’s sympathetic tone contrasts with recent setbacks for Apple, such as the Russian court’s rejection of its appeal over a $12 million fine for App Store dominance, as covered by AppleInsider in 2023. This global patchwork of regulations underscores the challenges for tech giants navigating varying legal standards.

For industry insiders, the outcome could reshape app economy dynamics, affecting everything from developer revenues to consumer prices. Apple’s stock, which dipped slightly post-hearing, reflects investor caution amid these uncertainties. Ultimately, this appeal tests the boundaries of judicial oversight in Silicon Valley’s walled gardens, with far-reaching effects on innovation and competition in mobile software.

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