United States of America: Epic Games filed response opposing Apple's application to Supreme Court to stay Ninth Circuit mandate in Epic Games v Apple over civil contempt finding and commission rate on linked-out purchases

On 5 May 2026, Epic Games filed its response to Apple's application for a stay of the Ninth Circuit mandate in Epic Games v Apple (No. 25A1213), which Apple had filed on 4 May 2026. Apple's application had followed the Ninth Circuit's 11 December 2025 ruling affirming the civil contempt finding against Apple, holding that Apple's 27% commission on linked-out purchases had a prohibitive effect in violation of the Injunction and that Apple's link design restrictions under the Link Entitlement program violated the Injunction, reversing the 30 April 2025 ruling's permanent ban on all commissions, remanding to the district court to determine a permissible commission rate on linked-out purchases, declining to vacate the Injunction, and denying Apple's request to reassign the case. Apple had argued that the Ninth Circuit's civil contempt standard conflicted with the First, Second, Third, and Fifth Circuits, that the universal scope of the Injunction contravened Trump v CASA, 606 U.S. 831 (2025), and that remand would cause irreparable harm through stigma, compelled disclosure of confidential business information, and the risk that a court-set commission rate would reshape the global app market before review. Epic argued that Apple had failed to demonstrate irreparable harm, noting that remand proceedings would be required regardless of the certiorari outcome and that litigation expense does not constitute irreparable injury. Epic contended that the Ninth Circuit held Apple's 27% commission violated the letter, not merely the spirit, of the Injunction, rendering Apple's circuit-split argument inapplicable to the only issue subject to remand. Epic further argued that the Supreme Court had previously denied certiorari on both questions Apple presented and that the case was a poor vehicle for resolving either. Epic did not oppose treating Apple's application as a petition for certiorari and committed to filing its opposition within 30 days.