Simonsen Sussman LLP Submits Amicus on Behalf of Y Combinator in Epic-Apple 9th Circuit Appeal

Simonsen Sussman LLP has submitted a brief of amicus curiae on behalf of the startup accelerator Y Combinator in Epic Games, Inc. v. Apple Inc., No. 25-2935 (9th. Cir.). As addressed in the brief, Y Combinator draws on its experience with tech startups to advocate in favor of upholding the district court’s enforcement order. The district court had previously entered an injunction requiring Apple to allow apps to direct users to third-party transaction platforms, which would let app developers do business without incurring the dreaded 30% “Apple Tax” on in-app transactions. Apple tried to evade the effects of the district court’s injunction by imposing such onerous fees and technical requirements on out-of-app transactions that going out-of-app would be even worse than giving Apple a 30% cut. The district court saw Apple’s conduct for what it was, and entered the enforcement order prohibiting Apple from imposing the fees and technical hurdles it had raised in response to the original injunction. As addressed in the brief, if the enforcement order is allowed to stand, we can expect a surge of technology startup investment, innovation, and growth.

See the full brief here.