May 1 (Reuters) - Apple ( AAPL ) faces a possible
criminal contempt probe after a U.S. judge said it violated an
order to open its lucrative App Store to more competition and
misled the court.
Here is a look at how Apple ( AAPL ) got here and what comes next in
the blockbuster lawsuit brought by "Fortnite" maker Epic Games.
WHAT DID THE JUDGE SAY?
U.S. District Judge Yvonne Gonzalez Rogers in Oakland on
Wednesday ruled Apple ( AAPL ) was in "willful" violation of an
injunction she issued in 2021 in an antitrust lawsuit filed by
Epic Games.
Epic sued in 2020 to loosen Apple's ( AAPL ) control over
transactions in applications that use its iOS operating system
and how apps are distributed to consumers. The judge's prior
order required Apple ( AAPL ) to give developers more power to steer app
users to non-Apple ( AAPL ) payment options that avoid Apple's ( AAPL ) 30%
commission.
Apple ( AAPL ) failed to convince the U.S. Supreme Court to overturn the
injunction, and it went into effect in early 2024. The new
ruling concerned whether Apple ( AAPL ) had complied with terms of the
injunction.
The judge accused Apple ( AAPL ) of "insubordination" and said it had
tried to cover up its decision-making process from the court.
WHAT MUST APPLE DO NOW?
Gonzalez Rogers said Apple ( AAPL ) must end several practices that
she said were designed to circumvent her injunction, including a
new 27% fee it imposed on app developers when Apple ( AAPL ) customers
complete an app purchase outside the App Store.
She also barred the company from using "scare screens" to deter
consumers from using third-party payment options. Apple ( AAPL ) had
denied violating terms of the court's order.
WHY DID THE JUDGE MAKE A CRIMINAL CONTEMPT REFERRAL?
On top of finding Apple ( AAPL ) took steps to evade her injunction,
Gonzalez Rogers referred Apple ( AAPL ) and one of its executives to
federal prosecutors for a possible criminal contempt
investigation.
"Apple ( AAPL ) sought to maintain a revenue stream worth billions
in direct defiance of this court's injunction," she said,
finding that internal records showed "Apple ( AAPL ) knew exactly what it
was doing" and that a finance executive had lied under oath.
Federal judges have authority to ask an investigative agency
such as the U.S. Justice Department to probe whether companies
and individuals should be prosecuted criminally for violating
court orders.
Gonzalez Rogers declined to say whether the government
should bring a charge. That will be up to the U.S. attorney who
oversees the San Francisco and Oakland federal prosecution
teams.
Companies found to be in criminal contempt can be subject to
fines, and individuals can face jail time.
CAN APPLE APPEAL?
Yes. Apple ( AAPL ) said it disagreed with the court's ruling and
will ask the San Francisco-based 9th U.S. Circuit Court of
Appeals to review the order.
Apple ( AAPL ) could ask the court to immediately pause Gonzalez
Rogers' order while it pursues its challenge. The appeal could
move relatively quickly, since most of the complex antitrust
issues in the case have already been resolved.
Apple ( AAPL ) might face a high bar in its appeal, given the
extensive factual record developed by Epic at the lower court.
Appeals courts can be deferential to trial judges under those
circumstances.
After the 9th Circuit rules, either side can ask the U.S.
Supreme Court to review the decision.