Apple proposed 15% fees for off-App Store purchases in a legal battle with Epic Games, while the Supreme Court paused lower-court proceedings, leaving the future of app store commission rates in limbo.
The dispute, centered on a 2021 court order requiring Apple to allow external links, now hinges on whether the Supreme Court will intervene before a lower court finalizes fees.
Apple’s Fee Proposal and Legal Back-and-Forth
Apple submitted a court-ordered proposal in late August 2026 outlining commission rates for U.S. apps that direct users to external purchase options. Under the plan, standard apps would pay 15% of revenue from web-based transactions, while Small Business Program participants would pay 5%. Apps in the News Partner Program, Video Partner Program, and subscription renewals would face a 10% fee. The company argued these rates reflect necessary costs
and allow developers to profitably link out, citing expert analysis.
Supreme Court’s Temporary Pause
Justice Elena Kagan issued the administrative stay to allow the high court more time to consider Apple’s appeal, which challenges whether the company willfully violated a 2025 injunction.
Washington time on August 13, leaves the fate of Apple’s fee proposal in question. The company had previously argued that the Supreme Court’s review could invalidate the district court’s ban on linkout fees, which has prevented Apple from collecting revenue since April 2025. Epic now has 60 days to file a response, with Apple expected to submit its Supreme Court brief by September 14.
Ninth Circuit’s Role and App Store History
The dispute traces back to a 2021 legal battle between Apple and Epic, which forced the tech giant to allow developers to link to external payment systems. The Ninth Circuit later ruled that Apple could charge fees based on necessary costs,
but the district court initially barred all linkout fees, leading to a contempt finding against Apple. The appeals court later upheld the contempt ruling but allowed Apple to seek compensation for its intellectual property, sending the case back to Judge Yvonne Gonzalez Rogers.
Apple’s previous fee structure, which included 12–27% commissions, faced backlash from developers and regulators. The company argued that its 15% proposal is lower than Google’s 20% standard rate for linkouts, though Epic disputed this comparison. The Supreme Court’s decision to hear Apple’s appeal underscores the broader implications for app store economics, with stakeholders watching closely for signals on how the high court might reshape digital market rules.
What’s Next for Developers and App Stores
The outcome of this case could redefine how app stores operate, affecting millions of developers who rely on in-app purchases. If Apple’s 15% rate is approved, it may set a precedent for other platforms, while a rejection could force Apple to adopt a zero-fee model for linkouts. Epic’s upcoming response to Apple’s proposal will likely shape the next phase of the legal battle, with both sides preparing for a protracted fight over fair compensation and market competition.
For now, the Supreme Court’s pause provides a temporary reprieve, but the core question remains: How much should app stores charge for facilitating external purchases? The answer could determine the future of digital commerce and the balance of power between tech giants and developers.
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