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Ninth Circuit Deals Blow to Apple in Epic Games Clash, Upholding Contempt Ruling

Ninth Circuit Deals Blow to Apple in Epic Games Clash, Upholding Contempt Ruling

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 On December 11, 2025, the Ninth Circuit Court of Appeals handed Apple a mixed ruling in its long-running battle with Epic Games over App Store practices, affirming a lower court's finding that Apple violated an injunction but reversing parts of the sanctions as overbroad[1]. The three-judge panel, led by Circuit Judge Milan D. Smith Junior, upheld civil contempt against Apple for designing workarounds that blocked developers from easily steering iPhone users to outside purchases, like adding links or buttons without facing steep commissions up to twenty-seven percent[1].

In a key win for Epic, the appeals court said clear evidence showed Apple acted in bad faith, hiding its decision-making and picking the most anticompetitive options to cling to revenue, even after claiming compliance back in early 2024[1]. The lower court, under Judge Yvonne Gonzalez Rogers, had nailed Apple in April for this, ordering tighter rules and even referring Apple and one executive for a criminal probe, which the Ninth Circuit left intact[1]. But Apple scored points too: the panel tossed the ban on commissions for off-app buys as not a proper contempt fix, sent the case back for tweaks to overly broad restrictions, and rejected Apple's push to scrap the whole injunction despite newer court rulings elsewhere[1].

This Epic-Apple clash ties into broader pressure on the tech giant, though the U.S. Department of Justice's separate blockbuster lawsuit accusing Apple of illegally monopolizing smartphones has seen no major rulings in the past few days. On December 17, the DOJ filed a statement of interest in a private antitrust suit mirroring its claims, urging a New Jersey federal judge to shoot down Apple's bid to dismiss arguments over Apple Watch restrictions that lock out rivals[2]. No names of lead DOJ lawyers popped up in fresh filings, but the move signals Washington's ongoing heat on Apple's closed ecosystem.

Apple's side stays mum on personnel shifts amid the fights, with no recent news on executives like services chief Eddy Cue, who's tangled in related depositions before. Analysts see the Ninth Circuit decision as a loss for Apple that could force friendlier developer links by mid-2026, potentially costing billions if commissions dip, but the remand gives breathing room to narrow penalties[1][3].

Industry watchers say a full DOJ win might crack open iPhone repairs, payments, and cloud gaming, hitting Apple's one hundred billion dollar services haul and boosting rivals like Spotify or Google, though appeals could drag to 2027 or beyond[3]. For everyday folks, it means possibly cheaper apps and more choices down the line, without upending your iPhone tomorrow. The appeals court shut down Apple's free speech and property rights gripes, calling the fixes lawful and no price controls[1]. Expect more skirmishes, as Epic pushes enforcement and Apple refines its appeal strategy.

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