A US federal judge has accused Apple of wilfully defying a court order in its long-running legal battle with Epic Games, and referred the matter for potential criminal contempt charges. The explosive ruling comes nearly three years after Judge Yvonne Gonzalez Rogers barred Apple from anti-competitive practices in a 2021 decision aimed at loosening the tech giant’s grip on in-app purchases.
In a scathing order issued Wednesday, Judge Gonzalez Rogers said Apple deliberately sidestepped the court’s injunction, which was intended to allow developers to direct users to third-party payment systems outside of Apple’s App Store. The court found that Apple imposed new restrictions and fees — including a 27% commission on off-app transactions — that undercut the spirit and letter of the order.
“Apple knew exactly what it was doing and at every turn chose the most anticompetitive option,” the judge wrote, citing internal documents. She added that Apple CEO Tim Cook ignored internal advice to comply with the ruling, and that the company’s vice-president of finance, Alex Roman, “outright lied under oath.”
The judge has now referred the case to the US Attorney’s Office for the Northern District of California to determine whether Apple should face criminal contempt proceedings — a rare and serious escalation in a corporate dispute.
Apple responded by defending its conduct. “We strongly disagree with the decision. We will comply with the court’s order and we will appeal,” a company spokesperson said late Wednesday.
The original case, brought by Fortnite maker Epic Games, challenged Apple’s 15–30% commission on in-app purchases and argued that the company maintained a monopolistic hold over its app marketplace. Epic CEO Tim Sweeney hailed the new ruling on social media and proposed a global truce: if Apple extended its compliance measures worldwide, Epic would drop all litigation and restore Fortnite to Apple’s App Stores globally.
“NO FEES on web transactions,” Sweeney posted. “Game over for the Apple Tax.”
