Several organizations, including the US Solicitor General, the Chamber of Commerce, and the Washington Legal Foundation, have filed amicus briefs with the Supreme Court supporting Apple in its antitrust case against Epic Games. The litigation, which began in 2020, will be reviewed by the Supreme Court this October.
The dispute centers on an anti-steering injunction that required Apple to allow developers to inform users about external payment channels. Apple subsequently introduced a policy allowing external links while charging a 27% commission on transactions made through them. The Ninth Circuit Court of Appeals previously ruled that this commission structure violated the spirit of the injunction and held Apple in civil contempt.
In his brief, Solicitor General John Sauer argued that the lower court's contempt ruling was legally flawed. He stated that civil contempt requires a lack of any fair ground of doubt, which is not present here since the original injunction did not explicitly prohibit the 27% commission. The brief suggests that the contempt ruling lacks a sufficient legal basis.
Business groups and legal think tanks warned that relying on the vague spirit of an injunction rather than explicit text threatens legal certainty for corporations. The International Center for Law and Economics added that the injunction aimed to eliminate information asymmetry, which Apple achieved by allowing external links, without forfeiting its right to charge commissions for platform services.
Legal experts suggest that these high-profile briefs strengthen Apple's position. If the Supreme Court agrees that the Ninth Circuit erred by using the spirit of the injunction as a basis for contempt, the ruling could be overturned. This outcome would establish clearer legal boundaries for digital platforms and developers regarding commercial practices and commission policies.
