Apple has told the Ninth Circuit Court of Appeals that the order preventing it from collecting fees on purchases made outside the App Store violates the Constitution. In a reply brief filed against Epic Games, Apple argued the district court stripped it of the right to be compensated for its intellectual property. The company warned the ruling sets a precedent that threatens all platforms that rely on IP-based revenue.
Judge Yvonne Gonzalez Rogers first ordered Apple in 2021 to let developers add in-app links to third-party purchase options. Apple delayed implementation until 2024, when it introduced a 12 to 27 percent fee on transactions made through those links.
Epic Games challenged the move, calling the fees unjustified. Judge Rogers agreed, found Apple in willful violation of her earlier injunction, and in April 2025 issued a stricter order that developers could link to outside purchases without paying Apple any commission and without restrictions on how links are displayed.
Apple on Expanded Injunction
Apple says it complied with the original order and that its link design rules and fee structure were within the scope of the injunction. The company argues the April 2025 order improperly expanded the injunction, turning it into a new rule that violates both property rights and free speech. According to Apple, the court’s demand that it host links without control over presentation or compensation forces the company to convey messages it does not endorse, in breach of the First Amendment.
In its filing, Apple described the new injunction as “indefensible” and “untethered” to Epic’s claims. The company said the ruling punishes it with a perpetual zero-commission model that is not necessary to address Epic’s original complaint.
Apple also cited the Supreme Court’s Trump v. CASA decision, which limited courts from issuing injunctions broader than needed to resolve harm to a plaintiff. Since Epic is the only plaintiff, Apple argued, the sweeping rules imposed on all developers go far beyond the case at hand.
Apple further pointed to conflicts with California state law, referencing a separate judgment in Beverage v. Apple, Inc. that it says directly contradicts Judge Rogers’ findings in the Epic case. The company also noted that Epic has not shown how giving Spotify, Microsoft, or Amazon free access to Apple’s platform remedies Epic’s claimed harm.
For now, Apple must comply with the April 2025 order. All U.S. developers can direct users to external websites without restrictions or fees. But if the Ninth Circuit accepts Apple’s arguments, the company could reintroduce commission structures on external links.
