WASHINGTON (LN) — Justice Elena Kagan denied Apple’s emergency request on Wednesday to stay a civil contempt order entered by a federal judge in the company’s antitrust lawsuit with Epic Games, leaving the lower court’s ruling in effect pending appeal.
The denial came less than an hour after Epic Games urged the justices to stay out of the dispute, and before Apple had a chance to file a reply brief. Kagan, who initially fields emergency requests from the U.S. Court of Appeals for the Ninth Circuit, issued the denial via a one-sentence email distributed by the court’s Public Information Office.
The underlying dispute stems from an antitrust lawsuit Epic filed against Apple, challenging restrictions on purchases from the App Store. A federal judge previously ruled that Apple could not block developers from encouraging customers to buy games and other products from third-party app stores rather than through Apple’s platform.
The judge subsequently found Apple in contempt of that order, citing measures the company put in place to make it more difficult for developers to direct customers outside the App Store. The court also noted that Apple imposed a large commission on purchases made through third-party systems after users clicked on a link within the App Store.
Apple asked the Supreme Court to intervene on Monday, arguing that a stay was necessary was forced to litigate its commission rate under what it called an "erroneous and prejudicial contempt label" in proceedings that "could reshape the global app market" before the Supreme Court could consider whether to grant review.
Epic Games pushed back, telling the justices that Apple’s actions have "successfully delayed the restoration of competition by more than two years."
"Apple’s willful contempt," Epic said, has allowed the company to "reap billions of dollars in what the Ninth Circuit previously affirmed were supracompetitive fees."
Kagan’s decision to deny the request without referring it to the full court suggests the application was not a close call.