The Supreme Court granted Apple a 24-hour extension to a California court deadline requiring the company to propose what commission, if any, it should be allowed to charge for services performed outside the App Store. Here are the details.
Apple scores extended 24 hours
Yesterday, Judge Yvonne Gonzalez Rogers denied Apple’s request to stay the App Store fee litigation while the Supreme Court reviews the company’s ruling.
For context, when Judge Gonzalez Rogers issued an order requiring Apple to allow developers to direct users to alternative payment methods outside the App Store, Apple responded by allowing external links, but imposed a 27% commission on purchases through them.
Judge Gonzalez Rogers later found Apple in contempt for violating the order. The Supreme Court eventually agreed to review the ruling, with Apple arguing that the original order did not expressly prohibit it from charging commissions.
Although the Supreme Court is reviewing the contempt finding, the case continues in the lower court, where Judge Gonzalez Rogers will determine what commission, if any, Apple can charge for purchases made outside the App Store.
Apple asked Judge Gonzalez Rogers to stop these proceedings while the Supreme Court reviewed the contempt case, but yesterday she rejected Apple’s request, giving the company until 5:00 pm today to submit the proposed fee and evidence to support it.
Apple, however, filed an emergency petition with the Supreme Court (via Bloomberg), which Justice Elena Kagan temporarily allowed, stopping the proceedings of the lower court until 5:00 pm Thursday while the court considers Apple’s request for further stay.
from Bloomberg:
The executive order issued by Kagan is designed to give the high court more time to consider Apple’s request for a long-term stay against the lower court’s actions in the case. Absent the Supreme Court’s order, Apple will have to proceed with the filing in the US District Court for the Northern District of California on Wednesday afternoon. Kagan adjourned the proceedings until 17:00 Washington time on Thursday.
This means there’s a chance the Supreme Court may grant Apple a further stay, putting the lower court’s fee proceedings on hold while it reviews the contempt ruling.
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