SAN FRANCISCO — Apple has proposed a new fee structure for purchases made through external links on the App Store, with rates ranging from 5 percent to 15 percent. The submission to the District Court outlines specific commissions by app category and developer program.
The proposal sets a 15 percent commission for standard apps, which typically face a 30 percent in-app purchase fee. Video Partner Program and News Partner Program participants, along with subscriptions after the first year, would pay 10 percent. Developers enrolled in Apple's Small Business Program — those earning under $1 million annually — would pay 5 percent.
The submission follows the Supreme Court's denial of Apple's request to pause the lower-court proceedings. Apple had sought a delay while the Supreme Court reviewed whether the company could be held in contempt for charging a 27 percent commission on off-App Store purchases, a practice Judge Yvonne Gonzalez Rogers had previously enjoined.
Apple argued before both courts that the ongoing legal review could affect the fee-setting process. The Supreme Court's decision allowed the lower-court proceedings to continue, prompting Apple to submit its fee proposal in compliance with Judge Gonzalez Rogers' instructions.
Apple said its expert analysis indicates many U.S. developers — who collectively generate the majority of App Store revenue — can link out profitably at the proposed rates. The company said the fees compensate it for its intellectual property, tools, technologies and services.
Apple also compared its proposed linked-out commissions to those charged by competing app stores, including Google Play. Google's platform charges linked-out rates of 20 percent for standard apps, 15 percent for program participants and 10 percent for subscriptions — rates Epic Games had previously accepted.
Despite the submission, Apple said it believes the rate-determination proceedings should be paused until its Supreme Court case concludes. The company said it submitted the proposal solely to meet Judge Gonzalez Rogers' directive.
The Ninth Circuit Court of Appeals previously reversed the District Court's outright ban on commissions for externally linked purchases, ruling such commissions are problematic only if they become effectively prohibitive for developers.
Apple's App Store generates billions in annual revenue, with commissions forming a significant portion of its Services segment, which reported $23.87 billion in revenue last quarter.
