Back in 2020,following its removal from its App Store due to links that bypassed Apple’s in-app payment for a cheaper option, Epic Games sued Apple and Google. The battle against Apple eventually went to court and sided with Apple. Epic Games had to pay the 30% commission fee for revenue collected during Fortnite’s time on the Apple Store. Apple has to give developers the chance to advertise payment options outside of the App Store. Last week, the Ninth Circut rejected petitions from Apple and Epic asking the court to revisit the decisions made in April 2021. Epic challenged key parts of the judge’s ruling that favored Apple. Apple challenged the order concerning the App Store. Now, Apple has said in a court filing that they will ask the Supreme Court to take up its appeal of the ruling.

Apple’s attorneys said that the 9th Circut has reached too far in issuing a nationwide injunction against Apple alleging that it violated a California state unfair competition law.

“The district court issued a sweeping injunction prohibiting Apple from enforcing its anti-steering rules against all developers of iOS apps offered for distribution in the United States, even though the sole named plaintiff (Epic Games, Inc.) did not seek or obtain class certification, and did not prove that an injunction running in favor of non-parties was necessary to make it whole.”

Epic asked the 9th Circuit to revive its antitrust claims against Apple over its restrictive app distribution and payment services. They argued that its claims against Apple directly implicate the “core purpose” of U.S. antirust law to foster competition. Epic also argued that the appeals court did not conduct a “rigorous” balancing between asserted consumer benefits and anticompetitive effects of Apple’s practices.

Epic Games can also ask the Supreme Court to hear its appeal if they decide to go down that route.