Epic Games v. Apple: Ninth Circuit Reverses Stay, Allows Lower Court Ruling to Take Effect

The US Court of Appeals for the Ninth Circuit has reversed its earlier decision to stay the mandate in Epic Games v. Apple, allowing the lower court ruling to take effect.

Background

In April 2026, the Ninth Circuit initially granted Apple's motion to stay a ruling that required Apple to loosen App Store rules regarding alternative payment methods. Epic Games subsequently filed motions for reconsideration, arguing that Apple had not demonstrated a need for the stay.

Court Decision

On April 29, 2026, the Ninth Circuit granted Epic's motion for reconsideration, reversing the stay. The court stated that Apple failed to show irreparable harm or good cause to sustain the stay under Federal Rule of Appellate Procedure 41(d). The court noted that remand proceedings on the issue of commissions would likely proceed regardless of a potential Supreme Court review.

"Apple failed to show irreparable harm or good cause to sustain the stay."

Statements

Following the decision, Epic Games CEO Tim Sweeney posted on X:

"Apple's delaying tactics have come to an end! Now Epic v Apple returns to Judge Gonzales Rogers for hearings on exactly what fees Apple can charge to recoup costs of reviewing apps using competing payment methods."

What Happens Next

With the stay lifted, the case will return to the lower court for further proceedings on the specific fees Apple may charge developers who use alternative payment systems.