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Chronicles

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New docs from Epic vs. Apple lawsuit reveal internal Apple discussions on fees to charge paid TV and streaming channels and how that may affect the App Store

In Apple and Epic's ongoing court battle over App Store fees, one of the key sticking points has been Apple's insistence on maintaining …

The Verge Chaim Gartenberg

Context & Ripple Effects

Discovery in Epic v. Apple keeps turning Apple's internal fee deliberations into courtroom evidence: the case has already surfaced Schiller's 2011 email floating a 30% cut conditional on $1B in annual App Store profits and special "whitelisted" API access for Hulu and other favored developers. The new documents extend that pattern to Apple's paid TV and streaming channels, showing executives weighing what fees to charge and how those choices would feed back into the App Store.

The stakes are Apple's insistence that its 30% commission is fixed and non-negotiable — a claim Epic is trying to undermine by showing the fee has been an active, discretionary pricing decision across content businesses, not a cost-based constant.

First-order effects

  • Epic gains evidence that Apple prices channel fees case by case, directly challenging the company's court position that the 30% rate is uniform and unavoidable.
  • Apple's TV and streaming channel partners become Exhibit A in the fee debate: whatever terms they negotiated now bear on whether App Store pricing is discriminatory.

Second-order effects

  • Whitelisted developers like Hulu — already shown to have received special cancel/refund API access — face renewed scrutiny over whether preferential terms extended to their channel economics as well.
  • Apple's later filing that it intends to collect commission regardless of whether developers use IAP or a rival payments platform shows the company defending the fee's reach, not just its rate, as discovery widens.

Third-order effects

  • If courts treat the App Store's take rate as a discretionary pricing decision rather than an industry constant, Apple's fee structure moves toward regulated-platform territory — a trajectory visible years later in Schiller defending the 27% external-purchase fee as legal compliance rather than pure business strategy.
  • Discovery orders like the one compelling Valve's Steam revenue data signal that platform economics across the industry, not just Apple's, are becoming legible to courts and regulators.

The trend: App Store economics are being litigated from a private business model into a regulated platform take rate, with each discovery release narrowing Apple's room to define its own fees.

Discussion

  • @benedictevans Benedict Evans on x
    I am not a lawyer, but I am intrigued by the logic of antitrust arguments that use internal Apple discussions from 2010 or 2011, when there were perhaps 45m iPhones in use in America out of close to 300m total phones. https://www.theverge.com/...
  • @jamesclayton5 James Clayton on x
    As you might expect, a company trying to make as much money as it can is perhaps not surprising. That said, these don't look great for the Apple brand - particularly referring to third party fees as ‘bounty’. https://twitter.com/...
  • @gartenberg Michael Gartenberg on x
    Apple does *not* leave money on the table ever. Not even small change. https://beta.documentcloud.org/ ...