A Apple filed its argument on the merits with the U.S. Supreme Court on Monday (14) in an attempt to overturn the ruling that held it in contempt in the case against Epic Games. The company maintains that it could not have been punished for violating the “spirit” of a court order when the order itself did not expressly prohibit the contested conduct.
The dispute involves the rules of the App Store for purchases made outside the apps. After being required to allow links to alternative payment methods, Apple began charging commissions of 12% to 27% on certain transactions initiated through those links.
Epic went back to court, and Judge Yvonne Gonzalez Rogers held Apple in contempt in April 2025. The Ninth Circuit upheld that finding, although it reversed the absolute ban on commissions and ordered a new review of which charges could be allowed.
Apple challenges scope of court order
In the appeal, Apple states that the original injunction did not mention commissions and argues that contempt sanctions require a clear and unequivocal prohibition. The company asks the Supreme Court to reverse the Ninth Circuit’s decision.
The Court agreed to consider specifically whether a court may impose civil contempt based on the purpose of an order when the conduct in question is not expressly prohibited in its text.
A Epic Games has until November 13, 2026 to submit its response. No date has yet been set for the oral argument.
