Epic Games is not thrilled with the Apple petition to reverse injunction rulings in its case against the company. So, it’s trying to get that petition denied by submitting its own petition. On June 5, Epic submitted a petition to the US Supreme Court asking it to deny Apple’s petition that was submitted back in May.
The long drawn out case was likely thought to be over by many. An understandable assumption, given that it was ruled years ago that Apple would have to allow developers to link outside of the App Store so that they could offer users alternative ways to pay for in-app purchases. Apple complied with this ruling, but it ended up charging a 27% fee for linking out to other methods. Epic then brought this to the court, suggesting that Apple was in violation of the ruling. Judge Yvonne Gonzalez agreed, ruling that Apple would now be prohibited from charging any fees.
Since then Apple has been trying to reverse this ruling. First trying to submit appeals, and then finally leading to the petition last month. Epic is of course trying to shut that down as well.
Epic says the court should refuse to hear the case from Apple
In its own petition, Epic is laying out a pretty clear explanation of Apple’s deliberate attempt to skirt the law imposed by Judge Gonzalez. Noting that the company knowingly decided to charge a 27% fee for purchases made outside the App Store because after additional fees from payment processors, it would be more expensive than the 30% to Apple.
Epic then shows that “Apple then hired an economic consulting firm to prepare a presentation to try to retroactively justify the 27% figure on other grounds,” the petition reads. While there’s no clear indication yet if the US Supreme Court will hear Apple’s case, Epic seems prepared to present its own case if it comes to that.
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