Epic Games presses Apple to adhere to the 2021 ruling, challenging its developer policies and fee structures

Epic Games continues its legal battle with Apple, seeking enforcement of a 2021 ruling that compelled Apple to permit App Store developers to link to external payments. Epic has filed a motion urging Judge Yvonne Gonzalez Rogers to uphold her original order.

Despite Apple's updated developer policy, which still retains a significant portion of outside payments for itself (27 percent or 12 percent for small developers), Epic argues that these fees remain unjustified. According to Epic, these fees closely resemble those charged by Apple for using its own payments system.

Christian Owens, founder of payments processor Paddle, and Benjamin Simon, founder of the Down Dog fitness apps for iOS, supported Epic's stance in declarations filed alongside the motion. Owens criticized Apple's offering as "illusory," while Simon noted that his company, Yoga Buddhi Co., would still have to levy higher charges for the iOS version compared to the web version of its subscriptions.

Furthermore, Epic contends that Apple's requirement for developers to utilize a specific "Plain Button Style" violates the injunction prohibiting steering customers towards alternative payment methods. Epic argues that Apple's prohibition on multi-platform apps like Minecraft from directing users to external payments also breaches the judge's order.

Epic spokesperson Natalie Muñoz highlighted that Apple's new policies restrict the kind of steering used by Down Dog in its Android apps, where it can direct users to its website for more cost-effective subscriptions.

While the judge's original injunction did not explicitly address steering, Epic's request depends on her interpretation of her own order and whether steering is implicitly covered. Legal experts, including Daniel McCuaig, a former member of the Department of Justice's antitrust division, believe that Epic has a strong legal argument. McCuaig stated in January that Apple's outside payment terms are unsustainable, and it is improbable that the court will endorse the 27 percent fee in the long run.

Epic spokesperson Natalie Muñoz highlighted that Apple's new policies restrict the kind of steering used by Down Dog in its Android apps