Epic Games asks the Supreme Court to hear its case against Apple’s App Store rules

After years of back-and-forth battling between Fortnite publisher Epic Games and Apple, the gaming company filed a writ of certiorari asking the US Supreme Court to review a lower court ruling in their antitrust case. Epic has argued that Apple unfairly monopolizes the mobile app space with iOS and its in-app purchasing system, thereby making billions on commissions.

Epic is asking the Supreme Court to review its case by way of clarifying points of antitrust law that the Ninth Circuit Court of Appeals relied on in making its ruling in April. On Thursday, Reuters reported Apple has filed an argument (PDF) asking the Supreme Court to throw out the order from the lower courts that requires changes to its App Store rules.

The companies’ beef dates back to the end of the original antitrust trial in 2021, when Judge Yvonne Gonzalez Rogers decided on a compromise ruling that neither side fully appreciated. In Epic’s favor, the 2021 ruling required Apple to remove policies banning developers from telling users about other payment options. It also found Epic had breached its contract with Apple, so it would have to pay the company its regular share of fees, and that Apple is allowed to ban Epic from its App Store. Predictably, both sides appealed the decision.

An appeals court ruling in April affirming that decision was seen as largely a victory for Apple. In August, the Supreme Court declined to end a stay preventing even Epic’s limited victory from taking effect for now.

Update September 28th, 10:50AM ET: Added note about Apple’s request.