Feb 19 (Reuters) - Two Apple executives and three other
senior Apple ( AAPL ) employees are expected to testify in California
federal court next week, as a judge reconvenes a hearing into
claims that the iPhone maker violated her order to allow more
competition in its lucrative App Store.
In an order on Tuesday, U.S. District Judge Yvonne Gonzalez
Rogers in Oakland rejected Apple's ( AAPL ) bid to shield some employees
from testifying at the hearing, part of an antitrust lawsuit
lodged in 2020 by "Fortnite" maker Epic Games.
Rogers ordered Apple ( AAPL ) in 2021 to give developers more power
to steer app users to payment options outside of Apple's ( AAPL )
ecosystem. Epic has accused Apple ( AAPL ) of breaching that order by
imposing an onerous commission on some transactions.
The judge is weighing Epic's effort to enforce her ruling
and to hold Apple ( AAPL ) in contempt. Apple ( AAPL ) has denied violating
Rogers' order.
Apple ( AAPL ) and Epic did not immediately respond to requests for
comment.
Two top Apple ( AAPL ) executives, Phil Schiller and Carson Oliver,
are expected to defend the company's conduct at the hearing.
Three other employees including Marni Goldberg, director of
corporate communications at Apple ( AAPL ), are also set to testify after
Rogers dismissed Apple's ( AAPL ) objections.
The February 24 hearing is scheduled to last three days,
resuming a proceeding that began nearly a year ago over Apple's ( AAPL )
compliance with the App Store injunction.
Rogers placed the hearing on hold last year to allow Epic to
request and review tens of thousands of documents from Apple ( AAPL )
about its App Store commission policies and its compliance with
the court's injunction.
Apple ( AAPL ) recently told Epic there was no justification for
requiring new testimony from Apple ( AAPL ) employees who had not
appeared at last year's hearing.
Epic countered that it should be allowed to question key
employees who were part of the Apple ( AAPL ) team responsible for
implementing Rogers' order.
The judge said in Tuesday's order that it was "entirely
untenable that Apple ( AAPL ) would not expect Epic to call additional
witnesses."
The case is Epic Games v. Apple ( AAPL ), U.S. District Court,
Northern District of California, No. 4:20-cv-05640.
For Epic: Gary Bornstein of Cravath, Swaine & Moore
For Apple ( AAPL ): Mark Perry of Weil, Gotshal & Manges
Read more:
Judge faults Apple ( AAPL ) for withholding documents in Epic Games
case
Apple ( AAPL ) exec Schiller defends App Store changes in Epic Games
case
Apple ( AAPL ) denies violating US court order in Epic Games lawsuit
Epic Games says Apple ( AAPL ) violated App Store injunction, seeks
contempt order