The US Department of Justice has filed an amicus curiae brief with the Supreme Court in the ongoing legal battle between Apple and Epic Games. The government argues that the lower court's finding of civil contempt against Apple regarding its 27 percent commission on external payments should be overturned.
The DOJ contends that civil contempt is only appropriate when a defendant clearly violates specific terms of a court order. The department suggests that because the original injunction did not explicitly forbid charging a commission, the lower courts erred by relying on the spirit of the order rather than its literal text.
However, the DOJ noted that the contempt finding should not be fully dismissed. Apple initially restricted developers to using only links for external payments, while the court order required the inclusion of both buttons and links. The department recommends that the Supreme Court remand the case for further review.
Several other organizations, including the US Chamber of Commerce, the Chamber of Progress, and the International Center for Law and Economics, have also filed briefs supporting Apple's position. These groups argue that courts should enforce literal interpretations of injunctions and avoid direct price regulation.
