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Chronicles

The story behind the story

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Epic v. Apple: Phil Schiller told a US judge that Apple's new 27% fee on purchases made outside its App Store are a good-faith attempt to comply with the law

- Top Apple executive took stand Friday to defend new fee  — Epic Games has challenged Apple proposed antitrust remedy

Bloomberg Leah Nylen

Context & Ripple Effects

The dispute follows an earlier Epic ruling that left Apple’s core fee model largely intact and did not require third-party iOS app stores, as covered in the 2021 decision. Apple is now defending how it implemented the narrower obligation to allow purchase links or options outside its storefront.

The testimony makes the remedy—not merely the original antitrust claims—the central issue. A later account of Schiller’s concerns that the 27% charge could create developer friction underscores why the fee’s design is contested inside Apple’s own deliberations.

First-order effects

  • Apple must defend the 27% external-purchase fee as lawful compliance, while Epic gets to test whether that charge preserves the economic barrier the remedy was meant to address.
  • Developers considering purchases outside the App Store face continued uncertainty over the effective cost and terms of using that route until the remedy challenge is resolved.

Second-order effects

  • The court’s assessment will shape whether developers can meaningfully steer users to alternative payment paths, or whether Apple’s fee keeps the App Store’s commercial terms as the practical default.
  • A ruling against Apple’s approach could force a redesign of external-purchase rules and fees; a ruling in Apple’s favor would give platform operators a stronger template for complying while retaining a substantial take rate.

Third-order effects

  • The case is part of a broader shift from disputes over whether platforms must open payment flows to disputes over what fees and restrictions remain permissible after opening them.
  • If courts increasingly examine the economics of compliance rather than access rules alone, regulated platform take rates may become a more durable area of legal and policy scrutiny.

The trend: Platform regulation is moving toward testing whether nominally open payment options are commercially viable once platform fees and conditions are applied.

Discussion

  • @jason_kint Jason Kint on x
    Phil Schiller is now being sworn in. This could be fabulous.
  • @jason_kint Jason Kint on x
    Quite remarkable to hear a very top Apple executive testify they were breaking the law, got the “pricing committee” together with everyone including the CFO and CEO of Apple, and now still breaking the antisteering law. 🍿
  • @jason_kint Jason Kint on x
    Now being asked about this @aatilley @kimmackrael WSJ report where he is called, “the most ardent public defender of the company's ecosystem.” https://www.wsj.com/...
  • @jason_kint Jason Kint on x
    the project for Apple to properly (fake) comply with the court order after being rejected cert by SCOTUS was curiously called, “Wisconsin,” led by top Apple execs Schiller, Tim Cook and Maestri plus Joz, Eddy Cue, Kate Adams, Federighi, among others in the meeting.
  • @jason_kint Jason Kint on x
    Top Apple executive currently testifying he doesn't think about external links to purchases outside of Apple as competitive with Apple's own systems. Quite revealing. Sounds like their “compliance” doesn't actually create competition.
  • @jason_kint Jason Kint on x
    “do you have an understanding why the court found Apple's practices to be illegal?”
  • @jason_kint Jason Kint on x
    Their “pricing committee's” last meeting on January 11th was a decision on a roll-out of 27% fee and 12% for recurring tax ahead of SCOTUS deciding it won't hear their case. Every piece of the plan was deliberate and considered. https://www.cnbc.com/...