Federal Court to Rule on Legality of Apple’s App Store Commission Rate
A federal court will decide whether Apple’s 27% commission on external app purchases is lawful.
Why it matters: Legal teams advising app developers must monitor this ruling as it affects compliance with platform rules, potential revenue, and litigation risks tied to digital marketplaces.
- In September 2021, Judge Yvonne Gonzalez Rogers barred Apple from stopping developers from linking to external purchase options within apps.
- Apple charges a 27% commission on digital goods bought up to seven days after users tap external purchase links.
- In April 2025, Judge Rogers found Apple in civil contempt for enforcing the 27% commission, violating her injunction.
- An August 2026 hearing will set the lawful commission Apple may charge for purchases made via external links.
Apple’s policy of imposing a 27% commission fee on purchases made through links to external websites within iOS apps is now under review by a federal trial court.
In September 2021, Judge Yvonne Gonzalez Rogers issued an injunction preventing Apple from blocking developers from including external purchase links in their apps. However, Apple responded by charging a 27% commission on digital goods if a purchase occurs within seven days of a user tapping such a link.
This practice led Epic Games and other app makers to accuse Apple of violating the court's order. In April 2025, Judge Rogers held Apple in civil contempt for enforcing this commission and related restrictions, concluding these actions breached the injunction.
Apple has appealed the contempt ruling to the Supreme Court, which could influence the timeline and outcome of subsequent hearings. Meanwhile, a hearing scheduled for August 2026 will determine what commission rate Apple is legally permitted to charge on purchases made via external app links.
Apple contends the 27% commission covers the substantial value its platform provides, including processing, user authentication, and connectivity. Epic Games CEO Tim Sweeney called the policy "bad faith compliance" with the injunction, highlighting ongoing disputes about fairness and the legal limits of platform fees.
For in-house counsel and legal advisors to app developers and tech companies, the decision will have significant implications. It will shape compliance strategies, fee structures, and litigation risk assessments in digital commerce, especially regarding marketplace regulations and contractual obligations.
Understanding the interplay between the Supreme Court appeal and the August 2026 hearing will be critical. The Supreme Court's ruling may affect when and how the lower court finalizes its decision on the commission rate.
By the numbers:
- 27% — commission Apple charges on purchases through external app links within seven days
- September 2021 — injunction issued by Judge Yvonne Gonzalez Rogers limiting Apple’s control over external links
- April 2025 — date Apple was found in civil contempt for violating injunction by enforcing commission
- August 2026 — scheduled hearing to determine lawful commission rate Apple can charge
What's next: The Supreme Court’s pending decision on Apple’s contempt appeal could shape the timeline and scope of the August 2026 hearing, potentially affecting the final determination of the commission rate.