Apple will be forced to allow external payment options on the App Store by December 9th

Following Apple’s lawsuit win against Epic Games, Apple appealed one particular part of the ruling. Apple filed an appeal asking for a stay to the Apple vs Epic Games lawsuit’s results from taking effect. Essentially, the company wanted to not be forced into implementing the new anti-steering rules, arguing that it would “allow Apple to protect consumers and safeguard its platform while the company works through the complex and rapidly evolving legal, technological, and economic issues“. However, Apple’s appeal has been declined, and the company has been told it must allow external payment options on the App Store by December 9th.

Judge Yvonne Gonzalez Rogers said (via The Verge) that Apple must comply with an order to let developers add links and buttons to external payment options, denying the company’s motion for a stay. “Apple’s motion is based on a selective reading of this Court’s findings and ignores all of the findings which supported the injunction,” she says in her new order.

Apple also requested that it needed more time to implement the changes, though Judge Gonzalez Rogers wasn’t swayed by that request.  She accused it of wanting “an open-ended stay with no requirement that it make any effort to comply,” and suggested that “Apple has provided no credible reason for the Court to believe that the injunction would cause the professed devastation.” 

Judge Gonzalez Rogers said “In short, Apple’s motion is based on a selective reading of this Court’s findings and ignores all of the findings which supported the injunction, namely incipient antitrust conduct including supercompetitive commission rates resulting in extraordinarily high operating margins and which have not been correlated to the value of its intellectual property,” Gonzalez Rogers wrote in the order (via CNBC), calling the company’s motion “fundamentally flawed.”

The judge accused the company of attempting to delay changes for as long as five years by asking for a stay, rather than asking for a delay for the purpose of instituting changes. She also said that “even if additional time was warranted to comply with the limited injunction, Apple did not request additional time other than ten days to appeal this ruling. Thus, the Court does not consider the option of additional time, other than the requested ten days.” 

Apple now intends to ask the Ninth Circuit for a stay. Should it not be granted, the injunction will take effect on December 9th.

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