Apple loses bid to pause App Store payment changes

The U.S. Court of Appeals for the Ninth Circuit has reversed a stay order—a court order that temporarily suspends a legal proceeding—forcing Apple to continue allowing developers to link to external payment options in their apps. Under this decision, Apple must continue to allow developers to link to these external payment options in their apps without charging commissions on those purchases, for now. The ruling specifically impacts the U.S. market, where the legal battle over App Store commissions has been concentrated. This decision means that developers can continue to direct users to external payment methods, bypassing Apple’s standard digital marketplace fees during the ongoing litigation.

This ruling temporarily halts Apple’s attempt to pause proceedings while the case heads to the Supreme Court, the highest federal court in the United States. An earlier order had allowed Apple to pause further proceedings related to the required App Store changes while it sought Supreme Court review. However, because Apple’s request to pause the proceedings has now been reversed temporarily, the company cannot currently block external payment links. The final outcome of the case will determine whether, and how much, Apple can charge in commissions on link-out purchases—purchases made outside the App Store via external links—within its U.S. App Store.

Epic Games, a video game developer and the plaintiff in the lawsuit, celebrated the decision. Epic Games had previously asked the court to reconsider the earlier pause, characterizing Apple’s request to delay the proceedings as “another delay tactic.” In its decision, the federal appellate court rejected Apple’s arguments. According to the latest filing, a court document, “Apple has failed to show good cause to sustain our prior stay order. Apple has not demonstrated that any proceedings on remand will cause it irreparable harm if our decision is not stayed.” In this context, a remand refers to sending a case back to a lower court for further action. The court’s decision indicates that Apple did not prove it would suffer irreparable harm if the App Store changes remained in place while the broader legal battle continues.

Why it matters

The Ninth Circuit’s decision ensures that developers can continue using external payment links in the U.S. while the broader legal battle over App Store commissions moves toward the Supreme Court. This prevents Apple from blocking these external links during the transition period, maintaining the status quo for developers operating in the U.S. market.