Apple fights damages and free speech concerns to overturn the Epic injunction

Apple is fighting back against the dam break in the US app store: the company is attempting to take action against an injunction that caused a massive stir among iOS developers with an urgent appeal. Last week, a US court ordered Apple to allow developers and providers to place any links in apps, for example to refer to alternative shopping options for digital content on the web. According to the court ruling, Apple is also not allowed to charge any commission for purchases made via such links and buttons on the web, as the company had previously intended.

Billions in damages and freedom of expression

This could cost Apple "several hundred million to billions of US dollars per year" and therefore represents "irreparable harm", argue the company's lawyers in a petition filed with the competent appeals court (Epic Games v. Apple, United States Court of Appeals for the Ninth Circuit, case number 25-2935). The orders were also unlawful: Apple could not be prohibited from charging a commission on linked purchases on the web, as such a requirement was not part of the original injunction.

Apple's lawyers even pull freedom of speech out of the hat: The fact that the court order now forces Apple to "disseminate the statements of competing developers" – and that developers can therefore integrate links with any text in their iPhone app – violates the First Amendment. Apple must therefore tolerate, for example, that app providers write "derogatory statements" about Apple's long prescribed in-app purchase interface in their apps.

In addition to violating the First Amendment, this is also "an extraordinary interference with property rights". The new injunction "permanently prevents Apple from controlling key aspects of its business operations", the company concludes.

US judge sees herself systematically deceived by Apple

The decision was made by the judge at first instance in the antitrust dispute between Epic Games and Apple, which has been going on for almost five years. She was obviously fed up: she accused Apple of deceiving the court and deliberately acting in an anti-competitive manner to preserve "illegal revenues" from app commissions.

Apple therefore had to change its rules and major providers immediately integrated shopping links into their apps –, from Spotify to Patreon and Amazon Kindle. According to estimates by an app analysis company, Apple generated over 10 billion US dollars in 2024 alone from commissions on in-app purchases in its US app store. Apple's revenue from commissions is increasingly coming under fire – not only in the US, but also in the EU. A decision on the urgent appeal that has now been filed is expected to be made at the end of May or beginning of June.

(lbe)