Even though it defeated other tech companies in a lengthy antitrust lawsuit, Apple is asking the Supreme Court to cement its victory.
The lawsuit, originally filed by “Fortnite” creator Epic Games, sought to weaken Apple’s rules regarding payment through the App Store. Under those rules, Apple receives 15%-30% of all payments in apps sold through the App Store.
The U.S. 9th Circuit Court of Appeals ruled against Epic Games in April, ruling that Apple had not violated U.S. antitrust law by requiring companies to pay a percentage of their in-app purchases to Apple. However, the court said Apple’s anti-steering laws were illegal.
Anti-steering rules essentially prohibit companies such as Epic from putting links to separate websites where users can pay for subscriptions or other services, cutting out Apple.
Now Apple has filed a new motion that would put the court’s ruling on hold for 90 days while the company appeals to the Supreme Court. If the high court agrees to a hearing, the case could be rejected. The hold on the ruling would remain until the Supreme Court rules.
Epic Games CEO Tim Sweeney on Twitter expressed his distaste for the filing.
“Sadly, Apple’s anti-steering rules — which both the District Court and the 9th Circuit Court found to be illegal — will remain in place, as the 9th Court stayed the injunction that puts an end to the practice,” he tweeted. “Justice delayed, again.”
Milan D. Smith Jr., the 9th Circuit judge who ruled against Apple, also weighed in on the company’s move, saying its arguments “cannot withstand even the slightest scrutiny.”
Apple could not be reached for comment.
The battle over in-app payments has been long and brutal for companies seeking to make it easier for customers to manage subscriptions within their apps. Popular streaming apps like Spotify and Netflix have created their own non-Apple workarounds that include going to the companies’ websites.
• Vaughn Cockayne can be reached at vcockayne@washingtontimes.com.
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