Apple loses bid to halt court ruling that blocks some fees from its iPhone app store

Key Points

• A three-judge Ninth Circuit panel rejected Apple’s bid to pause an April 30 order banning fees on in-app iPhone transactions processed outside its payment system.
• The decision could divert billions in revenue from Apple while the company continues to appeal the antitrust ruling.
• U.S. District Judge Yvonne Gonzalez-Rogers held Apple in civil contempt and recommended a criminal perjury investigation over its compliance with her order.
• Epic Games CEO Tim Sweeney hailed the ruling as ending the “Apple tax,” marking another victory for the game maker’s long-running antitrust battle.

SAN FRANCISCO (AP) — A three-judge appeals panel rejected Apple's request to pause an April 30 order banning the company from charging a fee on in-app iPhone transactions processed outside its once-exclusive payment system in a two-page decision issued late Thursday.

The setback threatens to divert billions of dollars in revenue away from Apple while it tried to overturn the order reining in its commissions from e-commerce within iPhone apps.

Apple sought to put the order on hold after it was issued by U.S. District Judge Yvonne Gonzalez-Rogers in a stinging rebuke that also held the Cupertino, California, company in civil contempt of court and recommended opening a criminal investigation into whether one of its executives had committed perjury while testifying in her Oakland, California, courtroom.

It marked another twist of the screw in a legal battle initiated nearly five years ago by video game maker Epic Games, which alleged Apple had turned the iPhone’s app store had been turned into a price-gouging monopoly. The antitrust case focused largely on the 15% to 30% commissions that Apple rakes in from a portion of the commerce conducted within iPhone apps under a system that prohibited app makers from offering alternative payment methods.

Apple is still seeking to overturn Gonzalez-Rogers' ruling in the Ninth Circuit Court of Appeals, but her order blocking Apple's commissions on some in-app commerce will remain in effect while potentially leaving a dent in its profits.

“The long national nightmare of the Apple tax is ended,” Epic Games CEO Tim Sweeney wrote in a post after the appeals court denied Apple's request.

In a statement, Apple said it was disappointed with the denial of its stay request and vowed to pursue its appeal “to ensure the app store remains an incredible opportunity for developers and a safe and trusted experience for our users.”

Although Gonzalez-Rogers mostly sided with Apple in her initial 2021 ruling in the case, she ordered the company to begin allowing apps to include links to alternative payment systems — a decision that withstood appeals that went all the way to the Supreme Court in 2024. Apple then complied by requiring commissions of 12% to 27%, provoking Epic to ask Gonzalez-Rogers to hold Apple in contempt of her order.

After holding a new round of hearings that unfolded over a nine-month period straddling last year and this year, Gonzalez-Rogers brought down another legal hammer on Apple.