US court rejects Apple’s request to delay ruling that broke open the US App Store

Apple has been denied a stay pending appeal to the recent US ruling that unlocked the App Store for linkouts to alternative payment methods and blocked anti-steering tactics.

The US Court of Appeals for the Ninth Circuit stated it was “not persuaded that a stay is appropriate”.

Criteria for the decision were said to include whether the applicant has shown it is likely to succeed on merit in the case, whether it will be irreparably harmed by the lack of a stay, if the issuance of a delay will harm other parties, and where the public interest lies.

The April ruling to uphold an injunction against Apple and unlock the App Store saw scathing statements from the judge in the case concerning the iPhone firm’s actions.

Epic win

News of the decision is a further boon to Epic Games’ long-running legal battle against Apple. The recent court decision to open up the App Store has led to the return of Fortnite to the US marketplace, nearly five years after its removal.

Apple had previously tried to delay its return but relented when pressured by the judge in the case as to why it felt it had the legal authority to ignore the injunction. The iPhone firm’s appeal will still continue as planned.

Posting about the news on X, Epic Games CEO Tim Sweeney said “the long national nightmare of the Apple tax is ended”.

“May next week’s WWDC be the Apple-led celebration of freedom that developers and users have long deserved.”

In a statement to The Verge, Apple spokesperson Olivia Dalton said the company was disappointed in the decision and that it will continue its appeal.

“As we’ve said before, we strongly disagree with the district court’s opinion,” read a statement. “Our goal is to ensure the App Store remains an incredible opportunity for developers and a safe and trusted experience for our users.”

Open platforms

During this week’s State of Unreal presentation at Unreal Fest 2025, Sweeney spoke about the regulatory environments in the US and around the world.

"Last year the European Commission opened up iOS to competing app stores,” he said.

“We launched the Epic Games Store on Android and on iOS in the European Union. Very recently, the United States court opened up iOS to competing payment services. This enabled Fortnite to return to iPhone here in the United States.

"It means that now revenue is shifting away from useless gatekeepers and middlemen to developers who actually build this stuff, like us. This trend towards open platforms is spreading around the world.

"We’ll keep fighting for Fortnite and for developers’ freedom until all apps are free worldwide."

PocketGamer.biz recently analysed what the US court ruling breaking open the App Store could mean for the mobile games industry.