Apple archive · Covers December 2025 · 3 min read

Epic v. Apple appeal recap: what the Ninth Circuit changed

The December 2025 Ninth Circuit ruling kept US apps free to link to cheaper web purchases but let Apple seek a fee. Where the case stands in November 2026.

By iBuyReady Editors · Nov 13, 2026 · research-based, not hands-on

Epic v. Apple appeal recap: what the Ninth Circuit changed
In short: In December 2025 a federal appeals court agreed that Apple had defied a court order on App Store payment links. It also said Apple may eventually charge some fee on purchases made through those links. Nearly a year later, US apps can still send you to the web to pay, often for less, and Apple still takes no commission on those sales. A trial judge is weighing what fee, if any, Apple may charge, and the Supreme Court hears Apple's appeal in January 2027.

What happened

The case goes back to Epic Games' 2020 lawsuit. In 2021 a federal judge ordered Apple to let US developers tell customers about cheaper ways to pay outside the App Store. Apple responded by allowing links but charging a 27% commission on purchases made through them, and by putting warning screens in front of them. In April 2025 District Judge Yvonne Gonzalez Rogers found that this broke her order. She held Apple in contempt and barred it from charging any commission on linked-out purchases.

On December 11, 2025, the Ninth Circuit Court of Appeals ruled on Apple's appeal. According to iClarified's summary of the opinion, the panel:

  • upheld the contempt finding, agreeing that the 27% fee and Apple's link rules were built to undercut the 2021 order;
  • overturned the complete ban on commissions, saying Apple should be allowed to charge a reasonable fee tied to its actual costs and possibly some of its intellectual property;
  • said Apple may not charge for the security and privacy features of the links themselves;
  • kept the rule that Apple can't make developers' links hidden or hard to use, while letting Apple stop developers from making their buttons more prominent than Apple's own;
  • sent the case back to the district court to set a rate.

Digital Policy Alert's case record also describes the result this way: contempt affirmed, commission rate sent back for a fresh decision.

What changed for buyers

For people using iPhones in the US, very little changed straight away, which was the point. Since spring 2025, apps had been free to show a "buy on our website" button with no Apple fee attached, which let developers offer web prices below their in-app prices. The appeal ruling left that in place while a new rate was worked out.

What it added was uncertainty about the future. Because the court said Apple may charge something, developers knew the zero-fee period could end. A new fee could, in turn, shrink the web discounts some apps offer. None of this changed Apple's own in-app purchase option. It stayed available, with Apple handling refunds and subscription management as before.

Where things stand now (November 2026)

The case has since gone on two tracks, and neither has finished:

DateStep
May 6, 2026Apple's request to pause the Ninth Circuit's ruling was denied, so the no-commission order stayed in force.
June 30, 2026The Supreme Court agreed to hear Apple's appeal, limited to one question presented (docket 25-1311).
August 13, 2026Justice Kagan refused to halt the district court's fee-setting work.
August 2026Apple proposed fees on linked purchases to the district court.
January 11, 2027Oral argument scheduled at the Supreme Court.

The proposal Apple filed in August, as reported by iClarified, asks for 15% on most linked purchases, with 10% for subscription renewals and some partner programs and 5% for small businesses. Epic opposes it. As far as we could find, the judge hasn't set a rate, so Apple still collects no commission on these US link-out sales. The Supreme Court case asks whether the contempt finding applied the right legal standard. The outcome could reshape the whole dispute, but a decision isn't expected before 2027.

This is a summary of public filings and reporting, not legal advice.

Bottom line

For now, if an app in the US offers a cheaper price on its website, you can still take it, and Apple gets no cut. Paying on the web usually means handling refunds and cancellations with the developer, not Apple, so weigh the saving against that. Expect that to remain true at least until the district court sets a fee or the Supreme Court rules. We follow both on our news page and timeline.

Found something out of date? Tell us and we'll fix it and log the change on our corrections page.

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