Apple Inc. is set to return to federal court next week as a judge revisits claims that the tech giant violated a prior court order aimed at increasing competition within its App Store. The hearing, scheduled to begin on February 24 in Oakland, California, will focus on whether Apple breached U.S. District Judge Yvonne Gonzalez Rogers’ 2021 ruling, which required the company to allow developers more freedom in directing users to alternative payment options outside of Apple’s ecosystem.
The case stems from an ongoing antitrust lawsuit filed in 2020 by Epic Games, maker of the popular game Fortnite. Epic accuses Apple of failing to comply with the court’s order by continuing to impose a restrictive commission on certain in-app transactions. Apple, however, has denied any violations of the injunction and has opposed efforts to hold the company in contempt.
Judge Rogers’ 2021 decision mandated that Apple must loosen its grip on app payment systems, allowing developers to inform users about payment methods outside the App Store’s built-in payment system. Epic claims that Apple’s actions since then, including its ongoing commission policies, violate the spirit of that order. In response, Epic has sought to enforce the ruling and hold Apple accountable for non-compliance.
In preparation for the upcoming hearing, two senior Apple executives—Phil Schiller and Carson Oliver—are expected to testify, along with three additional Apple employees, including Marni Goldberg, Apple’s director of corporate communications. Apple had initially sought to block the testimony of these employees but was overruled by Judge Rogers, who dismissed Apple’s objections in a ruling issued on Tuesday.
The hearing will resume after being temporarily postponed last year, during which time Epic was granted access to tens of thousands of documents from Apple concerning its App Store commission practices and adherence to the court’s injunction. The documents are central to Epic’s claim that Apple has not sufficiently modified its policies to comply with the judge’s order.
Apple has argued that there is no basis for requiring testimony from employees who did not appear at last year’s hearing. However, Epic maintains that questioning these key individuals is essential to understand how Apple’s team has implemented, or failed to implement, the changes ordered by the court.
Judge Rogers noted in her Tuesday ruling that it was “entirely untenable” for Apple to expect that Epic would not call additional witnesses. The hearing is expected to last three days and will likely have significant implications for both companies and the future of the App Store.
The case is Epic Games v. Apple, U.S. District Court, Northern District of California, Case No. 4:20-cv-05640.
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