Apple Can Charge Epic Again, But There’s a Catch

Apple Can Charge Epic Again, But There's a Catch - Professional coverage

According to AppleInsider, a federal appeals court has partially reversed a key ruling from April 30, 2024, that had banned Apple from collecting any commission on payments made through third-party systems, like those Epic Games might use. The court upheld that Apple violated a 2021 injunction with its anti-steering rules and its initial 27% commission on outside links. However, it ruled the complete commission ban was “overbroad” and has now ordered Apple and Epic to negotiate a “reasonable” rate. Until they agree—or a court imposes one—Apple still earns $0 from these sales. The court also gave Apple a win by allowing it to restrict developer payment buttons from being more prominent than Apple’s own.

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The Real Fight Begins Now

So Apple can charge a commission again. Big deal. Here’s the thing: the court didn’t say what that commission should be. It just said “zero” was too harsh and told these two sworn enemies to go figure it out. I think we all know how that’s going to go. Epic’s entire crusade is about breaking Apple’s 15-30% take rate, and Apple’s entire business model is built on it. What’s a “reasonable” number to them? Epic probably thinks it’s 5%. Apple probably thinks 27% was a generous discount. Good luck with that negotiation.

A Pyrrhic Victory for Apple?

Look, getting the blanket commission ban lifted is a tactical win for Apple’s legal team. But strategically, they’re still in a weaker position than they were before this whole saga started. The 2021 injunction forced them to allow outside payments, which was a huge concession. Now, a court is essentially going to be setting the market rate for those payments. That’s a form of price regulation Apple never wanted. Even if they “win” and get a rate close to their old one, the precedent is set: a judge can have a say in their cut. That’s a scary thought in Cupertino.

The Button Wars Are Over

The ruling on button prominence is actually a pretty big deal, and it’s being overlooked. Remember, Apple’s first compliance attempt was those tiny, easy-to-miss text links that developers (and the judge) hated. Now, Apple can let developers use actual buttons—as long as they aren’t bigger, bolder, or more numerous than Apple’s own. Basically, Apple gets to ensure its own payment system remains the most attractive, convenient option on the page. It’s a classic “level playing field” move that heavily favors the home team. Developers can steer users elsewhere, but they can’t make it the obvious choice.

What Happens Next?

This goes back to Judge Gonzalez Rogers, and the clock is ticking. The appeals court told them to work it out, but let’s be real. These two are going to posture, make ridiculous offers, and then ask the court to decide. That means more months of legal filings, more hearings, and more uncertainty for every other developer watching this case. The core tension remains completely unresolved: who controls the economics of a platform, the owner or the people who build for it? This ruling didn’t answer that. It just set up the next, equally painful round.

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