Ninth Circuit Upholds Contempt Ruling Against Apple in Epic Battle

Judge Yvonne Gonzalez Rogers previously ruled that Apple’s 27 percent commission on external payments and its mandates against using clickable buttons functioned as an attempt to bypass court-ordered competition. The appeals court agreed with these findings, noting that Apple’s implementation of the injunction served to make external links difficult for customers to use while effectively maintaining its closed ecosystem.

However, the panel narrowed the scope of the original ruling, stating that the district court overstepped by banning Apple from collecting any commissions at all. According to the opinion, the lower court abused its discretion by using blunt force rather than setting a reasonable fee structure. The appellate judges directed Gonzalez Rogers to reconsider an appropriate, non-prohibitive commission rate that reflects the costs of coordinating external link traffic.

The court also clarified Apple’s design limitations. While the company cannot force developers to hide their payment options, it is permitted to restrict the visual prominence of external links to ensure they do not appear more conspicuous than Apple’s own proprietary buttons. Epic CEO Tim Sweeney signaled his awareness of the decision via social media, though both parties remained silent on immediate next steps.