Apple has applied to the Supreme Court to stay a Ninth Circuit civil contempt ruling tied to its App Store commission practices in the Epic Games antitrust case.
Apple Inc. has applied to the U.S. Supreme Court for a stay of a Ninth Circuit mandate affirming that Apple is in civil contempt of a federal injunction stemming from its antitrust litigation with Epic Games [1]. The application, docketed as No. 25A1213 on the Supreme Court's interim docket, targets a Ninth Circuit ruling that found Apple violated the injunction by charging a 27% commission on purchases of digital goods completed through third-party payment platforms, even when those apps were downloaded from the App Store [1].
The underlying dispute traces to the landmark Epic Games antitrust action, in which a federal district court issued an injunction requiring Apple to permit app developers to link users to outside payment options, a practice the industry calls anti-steering. Apple's imposition of the 27% commission on off-platform transactions drew contempt proceedings, and the Ninth Circuit affirmed the civil contempt finding before Apple escalated to the Supreme Court [1]. The stay application is now pending before the justices on the interim docket, a procedural posture used when a party seeks emergency or pre-certiorari relief from an appellate mandate.
The stakes are considerable. A stay would pause enforcement of the contempt order while Apple pursues further review, shielding the company from immediate penalties or compliance obligations tied to its commission structure. More broadly, the Court's handling of the application, whether it grants, denies, or conditions a stay, will signal how seriously the justices view the enforceability of platform-competition injunctions issued by lower courts [1]. If the Court ultimately agrees to hear the case on the merits, it could set binding precedent on the scope of anti-steering obligations and the limits of judicial authority to compel changes to App Store monetization practices, with direct implications for digital marketplace regulation in the United States and abroad [1].
The next procedural step is a ruling from the Supreme Court on the stay application. Epic Games will have an opportunity to file a response opposing the stay before the Court acts. If the stay is denied, Apple faces resumed enforcement of the contempt finding and must confront the injunction's anti-steering requirements without delay. If granted, the litigation enters a holding pattern that could extend through a potential certiorari petition and, if cert is granted, full merits briefing before the Court.