https://www.reuters.com/legal/apple-ask-us-supreme-court-undo-app-store-order-epic-games-case-2023-07-03/

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Apple to ask US Supreme Court to undo App Store order in Epic Games
case

By Mike Scarcella
July 3, 20236:19 PM UTCUpdated ago

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Apple Inc. reports fourth quarter earnings in Washington
Logo of an Apple store is seen as Apple Inc. reports fourth quarter
earnings in Washington, U.S., January 27, 2022. REUTERS/Joshua
Roberts/File Photo

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WASHINGTON, July 3 (Reuters) - Apple (AAPL.O) said on Monday it will
ask the U.S. Supreme Court to hear its challenge to a judge's order
in an antitrust case brought by "Fortnite" maker Epic Games that
could force the iPhone maker to change payment practices in its App
Store.

Apple said in a court filing it will ask the justices to take up its
appeal of a ruling on Friday by the San Francisco-based 9th U.S.
Circuit Court of Appeals that kept in place most of the order issued
in 2021 by U.S. District Judge Yvonne Gonzalez Rogers.

The judge's order said Apple could not prohibit developers from
providing links and buttons to payment options in their apps that
take consumers outside of the App Store - a step that could reduce
sales commissions paid to Apple.

Epic sued Apple in 2020, challenging the fee Apple imposes on in-app
payments. Epic was seeking an injunction to stop Apple's practice,
not monetary damages. Rogers ruled against most of Epic's claims,
though did issue the order that Apple is contesting.

In appeals to the 9th Circuit, Epic challenged key parts of the
judge's ruling that favored Apple, while Apple challenged the order
concerning the App Store. The 9th Circuit in April upheld most of the
judge's action. On Friday, the 9th Circuit rejected petitions from
Apple and Epic urging the court to revisit its April decision.

Epic Games also can ask the Supreme Court to hear its appeal.

Epic in its appeal to the 9th Circuit had sought to revive its
antitrust claims against Apple over its restrictive app distribution
and payment services.

Apple's attorneys in Monday's filing said the 9th Circuit reached too
far in issuing a nationwide injunction against Apple alleging that it
violated a California state unfair competition law.

Apple said its petition in the Supreme Court that it will raise
"far-reaching and important" questions about the power of judges to
issue broad injunctions.

The case is Epic Games Inc v. Apple Inc, 9th U.S. Circuit Court of
Appeals, No. 21-16506.

Reporting by Mike Scarcella; Editing by Leigh Jones and Will Dunham

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Our Standards: The Thomson Reuters Trust Principles.

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