Apple asks the Supreme Court to review a Ninth Circuit contempt ruling over App Store commissions, with industry groups filing amicus briefs ahead of a June 25 conference.
Apple filed a petition for certiorari asking the Supreme Court to review a Ninth Circuit contempt ruling that found the company violated an anti-steering injunction by charging a 27% commission on purchases made through external payment links [1]. The Ninth Circuit upheld the contempt finding under a "spirit of the injunction" theory, even though the injunction's text did not expressly address commissions [2]. The ruling exposed Apple to ongoing liability over App Store economics that the company argues the original court order never contemplated.
The petition arrives after years of litigation stemming from Epic Games' 2020 antitrust lawsuit challenging Apple's App Store policies. The Ninth Circuit's contempt finding is the latest consequential ruling in a dispute that has already produced a district court injunction, a full appellate review, and a partial Supreme Court remand. Justice Elena Kagan denied Apple's earlier request for a stay of the contempt order, leaving Apple subject to the injunction's constraints while it pursues further review [3]. Apple and Epic agreed to an expedited briefing schedule, and the petition is set for consideration at the justices' conference on June 25 [2].
The legal question Apple presents carries significance beyond the App Store context. The "spirit of the injunction" standard the Ninth Circuit applied is in tension with the general rule that contempt requires a clear and unambiguous violation of a specific court order. If the Supreme Court grants certiorari, it could use the case to clarify when courts may hold a party in contempt for conduct that falls outside an injunction's explicit terms, a question with implications for injunction drafting and enforcement across commercial, antitrust, and intellectual property litigation. Industry groups, including the Chamber of Progress, the Computer & Communications Industry Association, NetChoice, and the Software & Information Industry Association, filed amicus briefs supporting Apple's petition, arguing that an overbroad contempt standard would create uncertainty for technology platforms [1].
The June 25 conference will determine whether at least four justices vote to grant review. A denial would leave the Ninth Circuit's contempt finding intact and force Apple to operate under the contested commission restrictions. A grant would add a major tech-platform case to the Court's docket and extend litigation that has already spanned nearly nine years, keeping the commission economics of the App Store in legal uncertainty for another term [2].