Apple external payments: EU fee overhaul and global anti-steering disputes
Key Questions
What is the status of Apple's external payment rollout following court rulings?
The Supreme Court denied Apple's stay on May 28, and the Ninth Circuit affirmed 27% commissions with external links allowed. Fortnite is now live worldwide on the iOS App Store except Australia as of May 19, 2026.
What settlement did Apple reach in Brazil regarding app stores?
Brazil's CADE settlement allows alternative app stores and payments with a commission structure of 5% plus 21% (or 10% for small businesses). Epic and the Coalition for App Fairness have criticized the terms.
What is the EU's position on Apple's DMA compliance for the App Store?
Apple lost its EU court fight over DMA gatekeeper status for iOS and the App Store, facing a €500M fine and ongoing appeals. Italy has also opened a cloud probe under DMA.
What is the Supreme Court considering in the Epic v. Apple case?
The Court will review the contempt standard, focusing on 'spirit vs. text' enforcement of injunctions, with a potential ruling by June 2027. This could impact how Apple implements external purchase commissions.
Are Apple and the DOJ in settlement talks over the iPhone antitrust case?
Yes, Apple has made multiple settlement offers to the DOJ, with Apple Watch lock-in as a key sticking point. These talks could set a template for future platform concessions.
What new legal arguments has Apple raised to pause Epic proceedings?
Apple is citing a paused securities fraud lawsuit and arguing Epic's positions are 'wrong' in its third attempt to halt lower-court proceedings on commissions. A ruling on any pause could come quickly if the stay is denied.
How does Section 230 apply to app stores according to recent arguments?
Epic argues Section 230 does not immunize app stores for selling illegal items like casino chips, raising niche liability questions for payment processing in antitrust contexts.
What criticism has the App Store Freedom Act received?
Critics say the Act is worse than a price control and tramples on property rights, adding to debates around regulatory approaches to app store commissions.
Apple’s EU framework includes a 5% Core Technology Commission for off-store transactions, alongside 26% IAP, 20% alternative billing, 15% link-out, and 5% marketplace tiers. Epic has asked the US Supreme Court to uphold the contempt ruling over Apple’s 27% linked-purchase commission and link restrictions; Apple’s response is due December 14, 2026, with arguments scheduled for January 11, 2027, while the dispute remains about the injunction’s scope.