US Court Ruling: Apple Can No Longer Charge for Out-of-App Purchases
An important decision has been made in the Apple vs Epic case. Apple is no longer allowed to take commissions on purchases made outside of apps (web shops). Developers can now redirect players from their games to web shops in the USA. Both Epic Games and Xsolla are pleased with the outcome.
Epic Games founder and CEO Tim Sweeney / Chris Hewish, Chief Strategy and Communications Officer at XsollaEpici Games / Xsolla
There has been a surprise ruling in the Apple vs Epic Games case. US Judge Yvonne Gonzalez Rogers, who ruled in favour of Apple in 2021, has now ruled that Apple intentionally violated a court order. The judge found Apple guilty of violating a federal injunction to protect its anti-competitive behaviour. "They lied under oath. They ignored court orders. All due to corporate greed to impose a 30% tax that you ultimately pay" (ProtonPrivacy).
There has been a surprise ruling in the Apple vs Epic Games case. US Judge Yvonne Gonzalez Rogers, who ruled in favour of Apple in 2021, has now ruled that Apple intentionally violated a court order. The judge found Apple guilty of violating a federal injunction to protect its anti-competitive behaviour. "They lied under oath. They ignored court orders. All due to corporate greed to impose a 30% tax that you ultimately pay" (ProtonPrivacy).
Apple is no longer allowed to charge fees/commissions for purchases made outside of apps - in web stores, for example. At the same time, Apple is not allowed to restrict app developers from placing links for purchases outside of an app. Intimidating messages on the way to a third-party site are also no longer allowed. According to Rogers, Apple lied in the 2021 case when the company's vice president said it would not investigate the cost of alternative payment methods, but then introduced a 27 per cent commission for them. The ruling is effective immediately in the US. According to Bloomberg, Apple will appeal.
Extract from the judgment: "Apple willfully chose not to comply with this Court’s Injunction. It did so with the expressintent to create new anticompetitive barriers which would, by design and in effect, maintain avalued revenue stream; a revenue stream previously found to be anticompetitive. That it thoughtthis Court would tolerate such insubordination was a gross miscalculation. As always, the cover-up made it worse. For this Court, there is no second bite at the apple." (p. 78)
Epic Games founder and CEO Tim Sweeney celebrated the ruling on X, writing: "NO FEES on web transactions. Game over for the Apple Tax. Apple's 15-30% junk fees are now just as dead here in the United States of America as they are in Europe under the Digital Markets Act. Unlawful here, unlawful there." (...) "We will return Fortnite to the US iOS App Store next week. Epic puts forth a peace proposal: If Apple extends the court's friction-free, Apple-tax-free framework worldwide, we'll return Fortnite to the App Store worldwide and drop current and future litigation on the topic."
Meanwhile, Apple has also adjusted its App Store rules in the US to comply. Apps can link out and encourage the use of alternative payment methods.
Epic Games also announced an update regarding revenue sharing in the Epic Games Store, along with the introduction of a new web shop feature – both scheduled for June 2025. Sweeney: "Epic Games Store will take 0% on the first $1,000,000 of payments we process per game per year (vs 15% for Apple), and 12% after that (vs 30% for Apple). Next month, we launch EGS Webshops for out-of-app purchases, as an alternative to in-app purchases."
Payment service provider Xsolla was also quick to react, stating: "The new rules are already active in the U.S., even as Apple appeals the decision. This creates a clear opportunity: you can now promote your Web Shop inside your game, link to it, or even empower players to instantly buy a specific IAP (SKU) with a single tap linking directly to an SKU. It's a more frictionless way to drive web-based purchases," says the company, which offers its own D2C solutions.
Chris Hewish, Chief Strategy and Communications Officer at Xsolla: "The recent developments in the Epic vs. Apple case represent more than just a legal shift; they mark a broader inflection point in the digital ecosystem that underpins the global games industry. For developers, this signals a meaningful opportunity to rethink how they connect with players and monetize their work. With platform restrictions loosening, we’re entering a phase where innovation in business models can match the creativity of the games themselves. That means fairer revenue shares, greater control over customer relationships, and ultimately, more sustainable studios.
For alternative app store providers, the implications are equally significant. This decision validates their role in a more open, competitive landscape, one less dominated by entrenched gatekeepers. It paves the way for new models of distribution and engagement, ones that prioritize developer needs and player choice over platform control. We're witnessing the slow but steady rebalancing of power in the digital economy, and for the video game industry, that creates the conditions for a more diverse and resilient future."
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Apple is no longer allowed to charge fees/commissions for purchases made outside of apps - in web stores, for example. At the same time, Apple is not allowed to restrict app developers from placing links for purchases outside of an app. Intimidating messages on the way to a third-party site are also no longer allowed. According to Rogers, Apple lied in the 2021 case when the company's vice president said it would not investigate the cost of alternative payment methods, but then introduced a 27 per cent commission for them. The ruling is effective immediately in the US. According to Bloomberg, Apple will appeal.
Extract from the judgment: "Apple willfully chose not to comply with this Court’s Injunction. It did so with the expressintent to create new anticompetitive barriers which would, by design and in effect, maintain avalued revenue stream; a revenue stream previously found to be anticompetitive. That it thoughtthis Court would tolerate such insubordination was a gross miscalculation. As always, the cover-up made it worse. For this Court, there is no second bite at the apple." (p. 78)
Epic Games founder and CEO Tim Sweeney celebrated the ruling on X, writing: "NO FEES on web transactions. Game over for the Apple Tax. Apple's 15-30% junk fees are now just as dead here in the United States of America as they are in Europe under the Digital Markets Act. Unlawful here, unlawful there." (...) "We will return Fortnite to the US iOS App Store next week. Epic puts forth a peace proposal: If Apple extends the court's friction-free, Apple-tax-free framework worldwide, we'll return Fortnite to the App Store worldwide and drop current and future litigation on the topic."
Meanwhile, Apple has also adjusted its App Store rules in the US to comply. Apps can link out and encourage the use of alternative payment methods.
Epic Games also announced an update regarding revenue sharing in the Epic Games Store, along with the introduction of a new web shop feature – both scheduled for June 2025. Sweeney: "Epic Games Store will take 0% on the first $1,000,000 of payments we process per game per year (vs 15% for Apple), and 12% after that (vs 30% for Apple). Next month, we launch EGS Webshops for out-of-app purchases, as an alternative to in-app purchases."
Payment service provider Xsolla was also quick to react, stating: "The new rules are already active in the U.S., even as Apple appeals the decision. This creates a clear opportunity: you can now promote your Web Shop inside your game, link to it, or even empower players to instantly buy a specific IAP (SKU) with a single tap linking directly to an SKU. It's a more frictionless way to drive web-based purchases," says the company, which offers its own D2C solutions.
Chris Hewish, Chief Strategy and Communications Officer at Xsolla: "The recent developments in the Epic vs. Apple case represent more than just a legal shift; they mark a broader inflection point in the digital ecosystem that underpins the global games industry. For developers, this signals a meaningful opportunity to rethink how they connect with players and monetize their work. With platform restrictions loosening, we’re entering a phase where innovation in business models can match the creativity of the games themselves. That means fairer revenue shares, greater control over customer relationships, and ultimately, more sustainable studios.
For alternative app store providers, the implications are equally significant. This decision validates their role in a more open, competitive landscape, one less dominated by entrenched gatekeepers. It paves the way for new models of distribution and engagement, ones that prioritize developer needs and player choice over platform control. We're witnessing the slow but steady rebalancing of power in the digital economy, and for the video game industry, that creates the conditions for a more diverse and resilient future."
Never miss anything from the German, Swiss and Austrian games industry again: subscribe for free to our Daily newsletter and get all news straight to your inbox.
