Apple’s effort to delay enforcement of a major App Store ruling just suffered another setback after Epic Games successfully convinced the U.S. Court of Appeals for the Ninth Circuit to reverse its earlier decision that temporarily paused the case.
This latest development means Apple now faces renewed pressure to comply with the ruling while it prepares its Supreme Court appeal, particularly around App Store policies tied to alternative payment systems.
Earlier this month, the Ninth Circuit granted Apple’s request to stay enforcement of the ruling, which gave the company temporary relief from loosening certain App Store restrictions. Epic quickly challenged that decision, arguing Apple was using legal maneuvering as a “delay tactic” to preserve what it described as unfair commission practices on third-party payments.
Court sides with Epic’s challenge
In its new ruling, the appeals court agreed with Epic’s position and found that Apple failed to prove why the stay should remain in place while it seeks Supreme Court review.
The court stated:
“Apple has not demonstrated that any proceedings on remand will cause it irreparable harm if our decision is not stayed. Instead, Apple argues that remand proceedings on the question of commission would be ‘premature.’ Even if the Supreme Court agrees with Apple’s arguments, there would still be further proceedings on remand.” — U.S. Court of Appeals for the Ninth Circuit
The judges made it clear that Apple did not establish “good cause” for continuing the pause, especially since lower court proceedings over commissions would likely continue regardless of whether the Supreme Court takes up the case.
This reversal restores momentum to Epic’s broader legal fight against Apple’s App Store control and increases immediate pressure on Apple’s business model. While Apple can still petition the Supreme Court, this decision weakens its attempt to slow enforcement and signals that courts remain skeptical of prolonged delays in one of the tech industry’s most closely watched antitrust battles.
