Epic Games has asked Judge Yvonne Gonzalez Rogers to enforce her original 2021 ruling regarding alternative payment systems in the Apple App Store. According to Epic, Apple's updated policy of withholding 27% on payments outside the App Store (or 12% for small development teams) continues to demonstrate anti-competitive behavior by the company.
According to Epic Games, this practice keeps fees at levels comparable to using Apple's built-in payment system, which goes against the spirit of the original court decision. To support its arguments, the company cites statements from Christian Owens, founder of the payment platform Paddle, and Benjamin Simon, creator of the Down Dog fitness apps for iOS. Owens calls Apple's choice illusory, and Simon points out the need for higher prices for subscriptions in the iOS version of the app compared to the web version.
Epic also emphasizes that Apple requires a specific “Plain Button Style” button design to be used for links to alternative payment methods, which the company says does not correspond to any of the standard button styles and contradicts the court's ruling against restricting developers. Epic representative Natalie Muñoz, in a comment to The Verge, noted that Apple's new policy excludes the possibility of directing users to external payment systems, as is implemented in the Down Dog application for Android, where users can go to a website to purchase subscriptions for reduced price.
The judge's original order did not clarify the issue of directing users to alternative payment systems, which leaves room for interpretation. In this regard, Apple's actions may be considered a violation of the terms of the court decision. Experts, including Daniel McCuaig, a former DOJ lawyer, suggest that the court will likely not uphold Apple's demand for a 27% fee.
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