Apple and Epic clash over fees for purchases made outside the App Store
Apple has proposed a commission structure for purchases made via external links in its ongoing legal fight with Epic Games, while Epic argues the fees exceed the court's guidance.
In the latest development of the long-running legal battle between Apple and Epic Games, Apple has filed a proposal that would allow it to collect fees on digital purchases made through external links, bypassing its in-app purchase system. Epic has already pushed back, calling Apple's request "far outside the bounds" of the court's instructions.
Currently, Apple is barred from taking a commission on external purchases after California District Court Judge Yvonne Gonzalez Rogers ruled in April 2025 that the company "willfully" failed to comply with her 2021 injunction in the Epic Games v. Apple case. However, a Ninth Circuit Court of Appeals panel later determined that Apple should be allowed to charge a commission based on "necessary costs," and Apple shared its proposed fee structure in Thursday's filing. The Supreme Court has also agreed to hear arguments on whether Apple willfully violated the April 2025 ruling.
Under Apple's proposal, it would collect:
- 15% of fees from purchases in "standard apps";
- 10% of fees for apps in the Video Partner Program, the News Partner Program, the Mini Apps Partner Program, and subscription renewals;
- 5% of fees from apps in the Small Business Program.
However, Apple concedes that its "necessary costs" to facilitate external purchases, as defined by the Ninth Circuit, "would be essentially zero." The company argues that, according to "expert analysis," at the proposed rates, "it appears that large numbers of U.S. developers collectively accounting for the lion's share of App Store revenue will be able to link out profitably." Apple also says the rates would allow it to recoup "at least some compensation" for the tools, technologies, and services it provides to developers.
In response, Epic stated that Apple admitted it would charge 0% for external link purchases under the Ninth Circuit's definition of "necessary costs," yet still proposed fees of 15% for standard apps and 5% for Small Business Program apps. Epic believes these fees are "far outside of the bounds" of the Ninth Circuit's guidance on permissible fees and plans to file its opposition within roughly 60 days, supported by expert witnesses.
