United States of America: Filed Apple petition for a writ of certiorari in the Supreme Court of the United States to review the judgment of the US Court of Appeals for the Ninth Circuit against Epic Games

On 27 September 2023, Apple Inc. (Apple) filed a petition for a writ of certiorari in the Supreme Court of the United States to review the judgment of the US Court of Appeals for the Ninth Circuit of 24 April 2023 regarding the civil lawsuit against Epic Games Inc (Epic). Epic filed an antitrust lawsuit against Apple, citing violations of the Sherman Act, related to Apple's control over the iPhone, particularly its dominance of the App Store and payment system. The Ninth Circuit dismissed Epic's claims using the Rule of Reason framework, acknowledging that Apple's actions harm competition but referring to a pro-competitive argument concerning intellectual property compensation. Apple's petition argues that the Ninth Circuit's decision to grant a nationwide injunction in a single-plaintiff case is in conflict with established legal principles. It contends that such injunctions should only be issued in rare circumstances, backed by solid evidence that they are necessary to remedy the plaintiff's injury. Furthermore, the petition highlights the growing trend of nationwide injunctions in lower courts, which has raised concerns about their constitutionality and impact. The central argument is that the injunction issued in this case goes beyond what is required to address the plaintiff's alleged harm, affecting millions of unrelated parties. In addition, the petition suggests that the scope of this injunction needs clarification from the Supreme Court, as it raises questions about the limits of federal court authority, fairness to nonparties, and federalism concerns. Based on this, Apple asks the Supreme Court to grant the petition for writ of certiorari.