Apple has suffered another legal setback in its long-running dispute with Epic Games, as the Ninth Circuit has now denied both of its rehearing petitions, closing one more path for the company to challenge earlier rulings on App Store policies.
The case dates back to August 2020, when Epic Games sued Apple after being removed from the App Store for bypassing in-app purchase rules, which triggered a broader legal fight over how much control Apple holds over payments inside its ecosystem.
Over time, courts rejected most of Epic’s claims, but they ruled that Apple violated California’s Unfair Competition Law by restricting developers from directing users to alternative payment methods.
Apple argued that the ruling created confusion around what fees it can charge for purchases made outside the App Store, as the company pushed two interpretations that ranged from limiting charges to basic costs or allowing broader commissions tied to its ecosystem value. The Ninth Circuit did not accept that reasoning, and the three-judge panel rejected Apple’s request for a rehearing.
The company also asked for a rehearing en banc, which would involve the full court, but that request failed to gain support.
Final decision leaves few options
U.S. Court of Appeals for the Ninth Circuit stated:
“The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. The petition for panel rehearing and the petition for rehearing en banc are DENIED.”
With both petitions denied, Apple now has limited options and may once again turn to the Supreme Court, although earlier attempts by both Apple and Epic to secure a review were declined.
