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Apple and Epic argue over how much Apple should get from purchases made outside the App Store

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Jay Peters

August 15, 2026
Apple and Epic argue over how much Apple should get from purchases made outside the App Store

Courts are intensifying pressure on tech giants Google and Apple regarding their mobile app store dominance. While Google faces mandates to simplify rival store installations, Apple is under scrutiny for attempting to impose fees on external transaction links.

The Legal Siege on App Store Monopolies

The landscape of mobile application distribution is currently undergoing a radical transformation driven by aggressive judicial intervention. In San Francisco, Judge James Donato has issued a direct order compelling Google to facilitate the installation of rival app stores on the Android platform. This development follows a landmark jury decision three years ago that identified Google’s control over Android applications as an illegal monopoly. The court's current stance is a clear escalation in its effort to dismantle the exclusionary barriers that have historically kept third-party app stores on the periphery of the Android ecosystem.

Google’s Compliance and the Road Ahead

For years, Google has maintained a tightly controlled environment under the guise of user security and platform integrity. However, Judge Donato’s ruling signals that the judiciary is no longer satisfied with the status quo. By ordering Google to streamline the installation of competing stores, the court is effectively attempting to democratize the Android marketplace. This move aims to strip away the friction that has prevented developers from bypassing the Google Play Store, potentially shifting the power dynamic in favor of greater competition and reduced platform fees.

Apple’s Fee Structure Under Scrutiny

Simultaneously, the legal battle between Epic Games and Apple continues to unfold, specifically regarding the financial terms of external transactions. Apple has formally proposed a new fee structure that would allow it to collect commissions—15% for standard apps and 5% for Small Business Program apps—on purchases made via external links. This proposal represents Apple’s attempt to maintain revenue streams even as it is forced to permit alternative payment mechanisms, a move that Epic Games has vehemently rejected as being fundamentally inconsistent with previous judicial guidance.

The Conflict of 'Necessary Costs'

At the heart of the dispute with Apple lies the interpretation of 'necessary costs.' While Apple argues that its proposed fees are justified, Epic Games contends that these charges are an overreach that circumvents the spirit of the Ninth Circuit’s rulings. Epic has characterized Apple’s proposal as being 'far outside the bounds' of what is permissible, setting the stage for a protracted battle involving expert testimony and further legal filings. The core issue remains whether a platform owner can impose a 'tax' on transactions that occur entirely outside their proprietary in-app purchase system.

Broader Implications for Digital Ecosystems

The ongoing litigation involving both Google and Apple serves as a watershed moment for the digital economy. If these judicial mandates successfully lower the barriers to entry, we may see a surge in specialized app stores and a significant decrease in the 'gatekeeper tax' that has defined mobile software for over a decade. Conversely, if tech giants succeed in implementing restrictive fee structures or complex installation processes, the promise of an open ecosystem may remain largely theoretical.

Future Trends and Market Shifts

Looking ahead, the mobile industry is bracing for a period of fragmentation. As legal precedents solidify, developers will likely gain more leverage to negotiate revenue splits, while consumers may benefit from lower prices and greater variety. However, the path to this outcome is fraught with technical and legal hurdles, as companies like Apple and Google leverage their massive legal resources to defend their business models. The next 60 days of legal filings in the Epic-Apple case will be critical in determining whether the judiciary will allow these companies to continue profiting from external transactions, or if they will be forced to relinquish their control entirely.

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