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Apple and Epic Games head back to court over App Store order
Feb 19, 2025 7:53 AM

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

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