Apple is awarded a stay meaning that App Store rules remain the same for now

By Scott Marlette Last updated Dec 9, 2021

Apple had filed for a stay putting a hold on a ruling made in September by Judge Yvonne Gonzalez Rogers who presided over the court battle between Epic Games and Apple. The judge ruled that while Apple was not a monopolist and that there is nothing illegal about success, Apple would have to allow app developers to post a link or communicate to their customers how they could be sent to a third-party in-app payment system to avoid Apple’s.

Apple’s in-app payment system collects up to 30% of in-app revenue which leaves developers collecting less money than they should be, and customers paying more for in-app purchases. In a last ditch effort to keep the status quo for a while, Apple filed an appeal and sought a stay of the injunction which happens to take effect tomorrow, December 9th. But Apple’s Hail Mary pass was a touchdown as the Ninth U.S. Circuit Court of Appeals granted Apple’s request to delay the implementation of the new rules that would allow app developers to lead their customers to third-party in-app payment platforms.

Apple removed Epic’s popular Fortnite game from the App Store

Apple might now be able to delay having the judge’s ruling take effect for years. In its order granting Apple the stay, the appeals court said, “Apple has demonstrated, at minimum, that its appeal raises serious questions on the merits of the district court’s determination that Epic Games, Inc. failed to show Apple’s conduct violated any antitrust laws but did show that the same conduct violated California’s Unfair Competition Law.”

In a last-minute filing made by Apple late last month, the company said that allowing immediate implementation of Judge Gonzalez Rodriguez’s order would hurt “millions of participants on both sides of the App Store platform.

The lawsuit was filed by Epic back in August 2020 after Apple kicked Epic’s popular Fortnite game out of the App Store after the game developer notified Fortnite players that they could buy in-app accessories for the game-such as V-Bucks -from Epic’s own in-app payment platform and save money. For example, instead of paying $9.99 for 1,000 V-Bucks via the App Store, players could make the same purchase directly from Epic for $7.99.

Apple responded to today’s ruling by making a statement. “We’re constantly evolving the App Store to help create an even better experience for our users and the incredibly talented community of iOS developers,” Apple said. “Our concern is that these changes would have created new privacy and security risks, and disrupted the user experience customers love about the App Store. We want to thank the court for granting this stay while the appeals process continues.”

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