The United States Court of Appeals for the Ninth Circuit overturned the earlier decision to grant the apple stay, and in its latest decision, the Ninth Circuit Court granted Epic ‘ s motion for reconsideration, finding that Apple had failed to justify the stay.
In its ruling, the Court wrote: “The apple failed to provide sufficient grounds to maintain our previous stay. Apple has also failed to prove that if our decision is not suspended, any remand procedure would cause irreparable damage to it.” Early this month, the Court suspended the ruling requesting apples to relax alternative payment restrictions, while Apple was considering an appeal to the United States Supreme Court. Epic challenged the operation as a delaying strategy for apples aimed at preserving their ability to pay off third parties. In the Court ‘ s view, Apple had failed to demonstrate either that the continuation of the proceedings before the lower court would cause irreparable harm or that its potential Supreme Court application for appeal raised sufficiently substantial issues to justify the stay.
The decision remanded the case back to Judge Yvonne González Rogers, and further legal proceedings would determine what fees apples could charge to developers using external payment systems. Chief Executive Officer Tim Sweeney of Epic Gomes stated that the ruling had put an end to Apple ‘ s delaying tactics and that the focus was now on defining the structural limits of Apple ‘ s commission in lieu of payment. “The apple’s delaying tactics are over. The case of Epic v. Apple will now again be referred to González Rogers to determine what fees apples can charge to cover the costs of a competitive payment method for processing applications.”
