US Appeals Court reverses Apple's stay of mandate in Epic Games case

• The US Court of Appeals has reversed its earlier decision that granted Apple a stay of mandate.
• Epic argued Apple was using delay tactics to continue imposing fees on third-party payments.

The US Court of Appeals for the Ninth Circuit has reversed its earlier decision that granted Apple a stay of mandate in its long-running legal battle with Epic Games.

In its latest decision, the Ninth Circuit granted Epic’s motion for reconsideration, concluding that Apple failed to justify the stay. 

“Apple has failed to show good cause to sustain our prior stay order," wrote the court in the ruling. “Apple has not demonstrated that any proceedings on remand will cause it irreparable harm if our decision is not stayed.” 

Pause and resume

Earlier this month, the court temporarily paused a ruling requiring Apple to loosen restrictions around alternative payment methods while it pursued a potential appeal to the Supreme Court of the United States. 

Epic challenged that pause, arguing it was a delay tactic designed to preserve Apple’s ability to impose fees on third-party payments.

The court has found Apple had not demonstrated that continuing proceedings in the lower court would cause irreparable harm, nor that its potential Supreme Court petition raised substantial enough questions to warrant a delay.

The ruling returns the case to judge Yvonne Gonzalez Rogers, where further proceedings will determine what fees Apple can charge developers using external payment systems.

Epic Games CEO Tim Sweeney said the decision ends Apple’s delaying tactics as the focus now shifts to defining the limits of Apple’s commission structure on alternative payments.

“Apple’s delaying tactics have come to an end. Now Epic v Apple returns to judge Gonzales Rogers for hearings on exactly what fees Apple can charge to recoup costs of reviewing apps using competing payment methods," said Sweeney in a post.