The US Department of Justice has submitted an amicus brief to the Supreme Court regarding the ongoing legal dispute between Apple and Epic Games. The case centers on Apple's policy of charging a 27% commission on digital transactions made via external links, a practice implemented after the 2021 injunction.
In April 2025, a district court ruled that Apple was in civil contempt of the 2021 injunction, citing both the commission fee and restrictions on the design and placement of external links. Apple appealed, arguing that the original injunction did not explicitly prohibit charging commissions on external transactions.
The DOJ partially supports Apple's stance, stating that the 27% commission does not constitute contempt of court as it was not explicitly forbidden by the 2021 ruling. However, the department agrees with the lower court's contempt finding regarding Apple's restrictions on button placement, noting that the injunction required allowing both buttons and links.
The DOJ has recommended that the Supreme Court vacate the current ruling on other disputed issues, such as the specific placement of external links, and remand the case to the lower court for further review based on the reasonable doubt standard.
