The App Store logo is seen next to the Epic Games Store logo on two screens. Epic, maker of the popular game “Fortnite,” wants to sell digital items in its apps without giving a cut of the purchase price to Apple.
Fabian Summer | picture alliance | Getty Images
Apple was dealt a blow in the U.S. Court of Appeals for the Ninth Circuit on Wednesday, as a panel of judges denied the company’s emergency application to halt changes to its App Store that resulted from the company’s legal battle with Epic Games.
Apple “bears the burden of showing that the circumstances justify an exercise of [our] discretion,” according to the order. “After reviewing the relevant factors, we are not persuaded that a stay is appropriate.”
Last month, the iPhone maker asked the appeals court to pause an order from U.S. District Judge Yvonne Gonzalez Rogers that said that Apple could no longer charge a commission on payment links inside its apps nor tell developers how the links should look.
Apple said the ruling from the judge could cost the company “substantial sums.”
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The ruling has already shifted the economics of app development in the U.S. Developers including Amazon and Spotify have been able to update their apps to avoid Apple’s 15% to 30% commission and direct customers to their own websites for payment.
Amazon’s iPhone Kindle app now shows an orange “Get Book” button that links to Amazon.com.
The rejection of Apple’s stay signals that recent changes under the order can stay in place. Apple CEO Tim Cook has said that Apple would appeal Rogers’ ruling.
In April, Rogers found that Apple had violated her original court order from the Epic Games trial, which was originally decided in 2021, that forced Apple to make limited changes to its link-out policy. She issued a new, more expansive ruling, that told Apple to immediately stop imposing its commissions.
The judge also alleged that Apple had misled the court.
“We are disappointed with the decision not to stay the district court’s order, and we’ll continue to argue our case during the appeals process,” an Apple spokesperson said in a statement. “As we’ve said before, we strongly disagree with the district court’s opinion. Our goal is to ensure the App Store remains an incredible opportunity for developers and a safe and trusted experience for our users.”
“The long national nightmare of the Apple tax is ended,” Epic Games CEO Tim Sweeney posted on social media.
Elon Musk announced his new company xAI, which he says has the goal to understand the true nature of the universe.
Jaap Arriens | Nurphoto | Getty Images
Elon Musk‘s artificial intelligence company xAI has raised $15 billion from investors, sources familiar with the matter told CNBC’s David Faber.
The funding adds another $5 billion to the $10 billion round CNBC reported on in September that valued the startup at $200 billion. Sources told CNBC that a lot of the money will fund graphic processing units that underpin large language models.
Artificial intelligence startups have reached sky high valuations in recent months as they raise massive amounts of capital to power seemingly endless demand for foundational models.
Last last week, Tesla shareholders voted to approve Musk’s massive pay package worth nearly $1 trillion, and voted on a proposal for the company to invest in xAI.
Brandon Ehrhart, general counsel at Tesla, said there were more votes for than against, but noted the abstentions and said the company is considering next steps on the issue.
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U.S. President Donald Trump signs the funding bill to end the U.S. government shutdown, at the White House in Washington, D.C., U.S., Nov. 12, 2025.
Kevin Lamarque | Reuters
This is CNBC’s Morning Squawk newsletter. Subscribe here to receive future editions in your inbox.
Here are five key things investors need to know to start the trading day:
1. Opening time
President Donald Trump ended the longest government shutdown in U.S. history last night, signing into law a short-term funding bill passed by the House of Representatives earlier in the evening that funds the government through January.
Here’s what to know:
While the deal does not include the extension of enhanced Obamacare tax credits that Democrats wanted, it does include a guarantee from Republicans that the Senate will vote on a health care bill of Democrats’ choosing next month.
The agreement also ensures funding for food stamps, the reversal of shutdown-related layoffs and backpay for government employees.
As he signed the legislation ending the 43-day shutdown, Trump said “people were hurt so badly” and that “we can never let this happen again.” He blamed Democrats for the closure, saying “Republicans never wanted a shutdown.”
Earlier on Wednesday, White House Press Secretary Karoline Leavitt said key inflation and labor data for October may never be released because of the shutdown. Without these reports, Leavitt said Federal Reserve policymakers will be “flying blind at a critical period.”
The Department of Transportation also halted the flight cuts it imposed last week as disruptions to air travel eased. The cancellations would have risen from 6% to 10% on Friday.
A shot of Cinderella Castle in the Magic Kingdom at Walt Disney World Resort in Orlando, Florida.
RandomEye Photography | Twenty20
Mickey Mouse may be joining Pluto in the dog house. Disneymissed Wall Street’s revenue estimates for the fiscal fourth quarter this morning, sending shares down more than 4% in premarket trading.
While the company’s Disney+ streaming service grew, the entertainment giant was hampered by its linear TV business and its its theatrical film slate. But Disney’s quarterly earnings came in higher than analysts anticipated.
“Overall we’re leaving the year with a lot of momentum,” Disney CFO Hugh Johnston told CNBC’s “Squawk Box” this morning, referring to the company’s streaming and experience businesses.
3. Personnel matters
U.S. President Donald Trump and Lisa Cook, governor of the U.S. Federal Reserve
Annabelle Gordon | Reuters | Al Drago | Bloomberg | Getty Images
Mark your calendar: The Supreme Court said it will hear arguments on Trump’s attempt to fire Federal Reserve Governor Lisa Cook on Jan. 21. The court in October allowed Cook to keep her job while the case plays out.
Meanwhile, Atlanta Fed President Raphael Bostic announced yesterday that he will leave his position when his term expires in February. Bostic, the first Black and openly gay regional Fed president, said in a statement that he was proud of efforts “to turn the lofty goal of an economy that works for everyone into more of a reality.”
4. Inside the AFP business
Jgi/jamie Grill | Tetra Images | Getty Images
As drug costs in the U.S. skyrocket, a growing industry of businesses called alternative funding programs are promising patients more affordable options for accessing specialty medications — in many cases by obtaining the drugs overseas.
Federal authorities are raising alarm about the legality of AFPs and the potential health risks for patients. Nicole Johnson, a special agent with the Department of Homeland Security, said AFPs are fulfilling prescriptions through “unverified” suppliers and “potentially illicit” online pharmacies.
In a new investigation, CNBC traced medications traveling into the U.S. via a supply chain that’s not authorized by the drug companies that make them. The investigation shows how ubiquitous these companies — which contract with employer-sponsored health plans — are becoming.
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5. Electric slide
Samuel Boivin | Nurphoto | Getty Images
Anthropic announced yesterday that it plans to spend $50 billion to build out infrastructure tied to artificial intelligence. As CNBC’s MacKenzie Sigalos notes, the move makes the technology company a major U.S. player in physical AI infrastructure. The project will start with custom data centers in Texas and New York and is expected to create 800 permanent jobs and more than 2,000 construction positions.
But there’s growing political backlash to the AI industry’s data centers, with voters angry over rising electricity prices. Abigail Spanberger, who won last week’s governor race in Virginia, promised to make the industry pay “their fair share” of higher costs.
The Daily Dividend
The House Oversight and Government Reform Committee released more than 20,000 documents obtained from sex offender Jeffrey Epstein’s estate yesterday, among which were emails referencing Trump. The president has denied knowing about Epstein’s sexual abuse of underage girls and young women and has never been charged with wrongdoing in connection with Epstein.
House Speaker Mike Johnson said the House would vote next week on releasing files related to Epstein.
I know how dirty donald is
Jeffrey Epstein in a 2018 email thread
— CNBC’s Dan Mangan, Jeff Cox, Emily Wilkins, Sean Conlon, Lillian Rizzo, Scott Zamost, Paige Tortorelli, Melissa Lee, MacKenzie Sigalos and Spencer Kimball contributed to this report. Josephine Rozzelle edited this edition.
With ski season approaching, Uber wants to take you to the slopes.
The ride-hailing company on Thursday announced Uber Ski, which will allow users to book a ride to and from nearly 40 mountains in the U.S., Canada, Switzerland, and France, according to a release. The services is available through March.
Uber is partnering with Vail Resorts to let riders book an Uber Reserve directly to the mountain resort company’s various destinations. Users can buy an Epic Pass, which grants access to over 90 ski and snowboarding resorts, directly on the app.
Riders can reserve an UberXL or UberXXL up to 90 days in advance, with the larger vehicles offering more trunk space to fit extra gear.
Uber Ski landing page.
Courtesy: Uber
The launch is a part of a series of updates Uber is offering ahead of the holiday season.
Pradeep Parameswaran, Uber’s global head of mobility, said that new features will help “people spend less time stressing about logistics and more time enjoying the moments that matter” during the festive months.
The company is also rolling out Uber Share at three airports as flight delays and cancellations continue to pile up across the country from the government shutdown. President Donald Trump late Wednesday signed into law a funding bill to end the longest shutdown of the federal in U.S. history.
At John F. Kennedy International Airport, LaGuardia Airport, and Orlando International Airport, riders can use Uber Share to save up to 25% by pairing up with another traveler headed in the same direction.
Additionally, Uber released a new “Send a Ride” in-app feature that lets users cover the expense of someone else’s ride by sending a voucher link that will be automatically applied to the person’s next trip. The company already has a gifting option for its Uber Eats platform.
When using the “Send a Gift” feature, customers will be able to include a video that could be personalized or picked from a selection of celebrities, including Megan Thee Stallion, the Jonas Brothers, and Tracee Ellis Ross.