Epic is pretty miffed at Apple’s reaction to court orders. They believe that Apple’s fresh 27 percent tax on developers using non-Apple payment methods goes against the court’s directive to allow developers to include those links. Epic has informed the court that it intends to spell out the details of its grievances.
Just to recap, back in 2021, Judge Yvonne Gonzalez Rogers told Apple to allow developers to link to external payment methods. Apple wasn’t thrilled and appealed right away, even though they initially hailed it as a “resounding victory.” Fast forward to earlier this month, and Apple’s last-ditch effort to appeal the court order was rejected. Now, the company had to shift its stance on in-app payments.
Well, it made a small shift—the 27 percent commission is only a tad less than Apple’s usual 30 percent in-app payment fee. On top of that, the conditions for including outside payment links are quite burdensome, possibly discouraging developers. For instance, devs will need to whip up transaction reports for Apple every 15 days just so the company can double-check it’s getting its cut.
Epic CEO Tim Sweeney promised to contest what he labeled as “bad-faith” compliance when Apple revealed its App Store alterations, including the fee. Now, according to Bloomberg, his company is set to approach the Northern California US District Court in Oakland to intervene.
Epic’s legal team highlighted in their recent submission that the court had left room for Epic to “apply for sanctions or other relief that may be appropriate” if they believe Apple breached the court order. Now, they mention that the company is currently talking with Apple to work out a plan for filing a motion, which hasn’t been submitted yet.
A former antitrust trial attorney from the US Department of Justice recently told The Verge that if Epic decides to contest these terms, it’s doubtful the court would favor Apple. In her 2021 court order, Judge Gonzalez Rogers did bring up the idea of such a commission and even compliance reporting. However, whether she’s cool with Apple taking that concept and running with it has yet to be seen. It’s like waiting to find out if Apple’s “Lambeau Leap” into the world of commerce has gone a bit too far.