Apple's lawyers are trying to rip apart Epic Games saying that the Supreme Court should just forget all about this little case and let it continue claiming victory.
The ongoing, never-ending tennis match between Apple and Epic Games continues with another legal filing. On June 4, 2026, Epic Games demanded that Apple's appeal over this ceaseless case be thrown out.
Now Apple has filed its response which, unsurprisingly, defends its right to appeal. In a 12-page filing, Apple lawyers aim to take down each of Epic's arguments and demonstrate how it "confirms the need for review." The short version of Apple's response to Epic's 35-page filing, boils down to the same two key issues that Epic has tried to describe as too unimportant to warrant the appeal.
Epic says that Apple has been forbidden to use any or all anti-steering practices, for instance. However, Apple's lawyers now claim that this is the games company attempting to rewrite the ruling.
Instead, Apple says that it received an injunction against only very specific anti-steering, and in particular did not include anything about App Store commissions.
Then Apple takes Epic Games to task over what both parties refer to as the CASA exception. This relates to a precedent set in a separate 2025 case (Trump v CASA, Inc), a class action suit.
According to Epic Games, Apple is claiming that the Ninth Circuit ruling included an exception to CASA. The games company calls this argument "inexplicable," and insists that Apple is not exempt from the precedent.
Epic Games parodied Apple's "1984" ad at the start of this legal battle - image credit: Epic Games"
However, Apple now quotes the previous case and how it has already been ruled that CASA "has no bearing" on antitrust cases. As Apple versus Epic Games is an antitrust case, it would appear clear that at least this part of Epic's argument is without merit.
But then both sides are picking apart each other's arguments. Issues are turning on specific case law, which then both sides appear to be interpreting differently.
So it's not clear how this particular case will continue. It is clear that it's now down to the Supreme Court, which has previously indicated that a decision may be made in June at the earliest.
Six years and counting
It was in 2020 that Epic Games picked a fight with Apple, and 2021 when Apple won the giant majority of the case. That the story continues all these years later is chiefly down to how Apple responded to the single count it lost on.
That was to do with anti-steering, the practice of preventing App Store developers from telling customers about alternative offerings. Apple would say that it complied with the resulting order, but Epic Games says it did not, and the courts agreed.
Apple certainly made it so that developers could tell users of alternatives, but only through a complex system. And then it still demanded a 27% commission.
Consequently, the courts imposed an injunction on Apple, which the company is challenging and which the new filing relates to.
Even if the Supreme Court does manage to rule before the end of June, it will be on whether or not to allow the next stage of appeal. It is likely that a final decision is still many months away, although even in May 2026, Epic Games was celebrating as if it had already won.
