Changes to Apple’s App Store Guidelines Delayed by Court Decision

Changes to Apple’s “anti-steering” App Store guidelines that would enable developers to direct customers to purchase choices outside of the App Store do not need to be implemented just now because Apple is not required to do so now.

Apple Granted Motion to Delay App Store Changes

Apple was granted a motion today to restrict it from changing the App Store for the next ninety days. This will give the business enough time to ask the Supreme Court to hear the issue. The Verge reported the news.

Background on Apple and Epic Games Legal Dispute

Since 2020, Apple and Epic Games have been engaged in a legal dispute regarding the policies governing Apple’s App Store. In 2021, the judge presiding over the case took a predominately favorable position to Apple. She concluded that Apple did not violate antitrust law with its App Store rules that required developers to use the in-app purchase mechanism. However, as part of the finding, Apple was required to revise its “anti-steering” guidelines.

Order to Modify the App Store

Apple has been ordered to modify the App Store, permitting developers to use metadata, buttons, links, and other calls to action to send customers to buy mechanisms outside the App Store. This will pave the way for developers to incorporate alternative payment methods. Apple has been ordered to make changes to the App Store.

Apple was exempt from making such modifications while an appeal was still being heard, but the appeal was finally heard in April of 2023. The Ninth Circuit Court of Appeals maintained the previous verdict, and the appeals court again sided with Apple over Epic. However, the appeals court did not overturn the demand that App Store regulation changes be implemented.

Apple’s Argument and Petition to Supreme Court

Apple asserts that the modifications to the App Store will “upset the careful balance between developers and customers provided by the App Store,” which will result in irreparable injury to Apple and its customers. Apple has also stated that it needs time to work out the “complex and rapidly evolving legal, technological, and economic issues” that the update would cause and that it needs the time to do it.

Apple stated in April that while it agreed with the court’s decision, it did not agree with the adjustments made to the App Store and was “considering further review.” Apple will submit a petition asking the Supreme Court to consider its case now.

Next Steps Depending on Supreme Court Decision

Apple can submit a brief or other document to the Supreme Court for ninety days. If the Supreme Court chooses to hear the case, Apple will only be required to modify the App Store once the court issues its definitive decision. Apple must make the necessary adjustments if the Supreme Court does not decide to hear the case.