Apple loses rehearing bid
The Ninth Circuit unanimously denied Apple's petitions for rehearing in the Epic Games antitrust case, a setback that could widen platform competition in app markets universities use for learning tools. The decision keeps pressure on platform control and could influence how institutions buy and distribute education apps. (9to5mac.com)
The Ninth Circuit issued a unanimous denial of Apple’s petition for panel rehearing and petition for rehearing en banc on March 30, 2026. (9to5mac.com) (9to5mac.com) The court’s order stated “the petition for panel rehearing and the petition for rehearing en banc are denied” and noted that no judge requested a vote of the full court. (pocketgamer.biz) (pocketgamer.biz) The underlying Ninth Circuit opinion was filed December 11, 2025 in Epic Games, Inc. v. Apple Inc., No. 25-2935, and the panel affirmed a civil contempt finding against Apple while narrowing portions of the district court’s sanctions. (ca9.uscourts.gov) (cdn.ca9.uscourts.gov) The appellate rulings left the district court’s anti‑steering injunction in place — requiring developers to be able to direct users to external payment options — a central point of Epic’s enforcement motion. (appleinsider.com) (appleinsider.com) Legal coverage and filings note Apple’s remaining pathway would be to seek Supreme Court review again, although the U.S. Supreme Court previously declined to hear appeals from both parties on January 16, 2024. (techcrunch.com) (techcrunch.com) District‑court evidence cited by the Ninth Circuit emphasized Apple’s off‑app commission (described in filings as a 27% charge) as effectively prohibitive to steering, a factual finding that underpinned the contempt and sanctions litigation. (perkinscoie.com) (courthousenews.com)
