Clients stroll previous an Apple emblem inside an Apple retailer at Grand Central Station in New York on Aug 1, 2018.
Lucas Jackson | Reuters
Apple willfully violated and ignored a 2021 choice that got here out of the Epic Video games case, Decide Yvonne Gonzalez Rogers mentioned in a courtroom submitting on Wednesday.
She wrote that Apple Vice President of Finance Alex Roman “outright lied” to the courtroom about when Apple had determined to levy a 27% price on some purchases linked to its App Retailer.
“Neither Apple, nor its counsel, corrected the, now apparent, lies,” Rogers wrote, saying that she considers Apple to “to have adopted the lies and misrepresentations to this Court docket.”
Rogers added that she referred the matter to U.S. attorneys to research whether or not to pursue felony contempt proceedings on each Roman and Apple.
The choice is a putting repudiation of Apple’s conduct within the Epic Video games trial, which was determined in 2021 and appealed in 2023.
Whereas Apple received the overwhelming majority of counts within the authentic trial, Epic Video games did win some concessions tucked inside a 180-page order. Rogers initially ordered the corporate to make modifications to its app retailer, permitting software program builders to hyperlink to their web sites inside iPhone apps for patrons to make purchases outdoors of Apple’s ecosystem.
On Wednesday, Rogers accused Apple of willfully attempting to violate her ruling, and he or she held the corporate in contempt.
Rogers wrote that it was anticipated below her ruling that these sort of off-app purchases wouldn’t have an Apple fee. However Apple launched new insurance policies in 2024 that collected a 27% fee from a few of these purchases, solely a slight low cost from the 30% Apple often collects from in-app purchases. Rogers mentioned practically each Apple choice on its app-linking insurance policies was anticompetitive.
Rogers wrote that Apple introduced proof to the courtroom of inner deliberations about its rule that had been “tailored for litigation,” as an alternative of the corporate’s precise inner discussions.
“In stark distinction to Apple’s preliminary in-court testimony, contemporaneous enterprise paperwork reveal that Apple knew precisely what it was doing and at each flip selected essentially the most anticompetitive possibility,” Rogers wrote. “To cover the reality, Vice-President of Finance, Alex Roman, outright lied below oath.”
Rogers additionally accuses Apple of withholding documentation of a June 2023 assembly together with CEO Tim Cook dinner about how they’d adjust to the 2021 courtroom order. Rogers mentioned that Apple hid the existence of the assembly from the courtroom till 2025. She additionally mentioned that Apple abused privilege so as to not share paperwork that it was presupposed to.
The choose ordered, efficient instantly, for Apple to cease imposing its commissions on purchases made for iPhone apps via internet hyperlinks inside an app. She additionally ordered Apple to pay Epic Video games’ lawyer charges over this particular challenge.
“That is an injunction, not a negotiation. There aren’t any do-overs as soon as a celebration willfully disregards a courtroom order,” Rogers wrote.
An Apple consultant didn’t reply to a request for remark. An Epic Video games consultant didn’t instantly have a remark.
“Apple’s 15-30% junk charges are actually simply as useless right here in america of America as they’re in Europe below the Digital Markets Act,” Epic Video games CEO Tim Sweeney posted on X. “Illegal right here, illegal there.”
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