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The Supreme Court agreed to review one narrow issue in Apple’s continuing dispute with Epic Games: whether a party can be held in civil contempt for violating the “spirit” of an injunction when its conduct did not violate the order’s clear and unambiguous terms. The Court granted review on June 30, 2026, limited to Question 1 of Apple’s petition. It has not decided that question, and it did not take up the entire antitrust case or every App Store rule.
What the Supreme Court agreed to hear
Apple’s petition asks whether a court may find a party in civil contempt for violating the “spirit” of an injunction if the party did not violate the injunction’s “clear and unambiguous terms.” That wording comes from Apple’s question presented; it is Apple’s argument, not a statement of the Supreme Court’s view.
By granting review only on Question 1, the Court agreed to consider the contempt standard at the center of Apple’s challenge. The grant does not mean the justices have endorsed Apple’s position, overturned the contempt finding, or settled the separate dispute over fees for external purchases.
How the dispute reached the Court
The 2021 injunction
Epic challenged Apple’s App Store payment and anti-steering rules. In 2021, a district-court injunction required Apple to let developers include buttons, external links, or other calls to action directing customers to purchasing options beyond Apple’s In-App Purchase system.
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The contempt ruling and Ninth Circuit appeal
Later proceedings examined Apple’s implementation of external purchase links and whether it complied with the injunction. In April 2025, the district court held Apple in civil contempt.
On December 11, 2025, the Ninth Circuit affirmed the contempt finding but reversed parts of the remedy, including a categorical ban on fees for external transactions. It sent the commission issue back to the lower court for further proceedings and did not set a percentage. The Associated Press described the appellate opinion as unanimous and 54 pages long.
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Apple’s Supreme Court petition
Apple argues that contempt cannot rest on an injunction’s general purpose when the order’s clear terms were not violated. The Supreme Court has agreed to review that question, but the petition’s argument remains a party position until the Court rules.
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The contempt question and the external-payment fee question are different
The case now involves two issues that should not be conflated:
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- Contempt standard: whether the contempt finding can stand under the proper interpretation of the injunction and the legal standard for civil contempt. This is the issue the Supreme Court accepted for review.
- External-payment commission: what fee, if any, Apple may charge for purchases made through external links. The Ninth Circuit remanded this issue, and its decision did not establish a rate. The Supreme Court’s grant does not decide it.
Apple’s August 2026 stay application described its In-App Purchase rate as 30% and the rates it applied to purchases through external links as ranging from 12% to 27%. Those figures describe Apple’s characterization of its policy in that filing; they are not a commission rate set by the Ninth Circuit or the Supreme Court.
Where the case stands
Apple’s merits brief was filed on September 14, 2026. The Supreme Court docket listed November 13, 2026, as the deadline for Epic’s merits brief and showed amicus filings through September 21. Those are procedural entries, not a scheduled hearing date or a prediction of when the Court will issue a decision. No Supreme Court merits ruling had been entered in the docket record described here.
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In a separate procedural step, Justice Elena Kagan denied Apple’s stay application on August 13, 2026, after briefly entering an administrative stay. That denial concerned Apple’s request for a stay; it was not a denial of certiorari. The Court had already granted certiorari on June 30.
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Yes. Fortnite returned to the U.S. iPhone App Store in May 2025. Its return did not end the litigation: the contempt and remedy disputes continued after the game became available again.
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