Apple today filed an emergency application with the Supreme Court, asking for a stay on App Store fee calculations while it waits to hear whether the Supreme Court will weigh in on the latest developments in its legal battle with Epic Games.
Apple argues that without a stay, it will face irreparable harm. Apple says it will have to litigate the fundamentals of its business model with the "highly prejudicial taint of being (improperly) found to have acted in contempt of the court's initial order" with the world watching, plus the case would require it to disclose confidential business information, which can't be undone.
Regulators around the world are watching this case to determine what commission rate Apple may charge on covered purchases in huge markets outside the United States. No proceeding setting the commission Apple may charge--an endeavor that itself is fraught with challenges and raises the prospect of the courts engaging in improper rate-setting--should be allowed to u
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