Judge grills Apple and Epic at trial closing day

The Apple vs. Epic Games antitrust trial closed yesterday, however, the arguments didn’t come to a close. The U.S. District Court judge Yvonne Gonzalez Rogers grilled both the iPhone-maker and the Fortnite-creator giving some clues about what she has in mind. 

Last week, she said that the profit Apple generated from game makers through the App Store was ‘’disproportionate’’. 

However, yesterday, she questioned the Fortnite-developer, which is planning to create its own app store, on whether it should address its concerns without demanding Apple to open the iPhone and its other mobile products to rival app stores.

She said that it would be a sweeping change. “Courts don’t run businesses,” she added.  

“Let’s be clear. Epic is here because if relief is granted, it goes from being a multi-billion-dollar company to a multi-trillion-dollar company. But it’s not doing it out of the goodness of its heart.”

She added that Epic’s proposed changes would make it possible for the company to pay the iPhone-maker nothing which ”concerned” her throughout the antitrust trial which lasted 3 weeks. 

She also said Epic CEO Tim Sweeney is “attacking the fundamental way that Apple is generating revenue.” 

“There’s a reasonable argument that (Apple is) using these profits to benefit the whole ecosystem.”

Meanwhile, Apple attorneys said that Epic’s request to open the iPhone to other app stores would make Apple look like the Android system. 

“Apple wants to keep its product differentiated,” said Apple attorney Veronica Moye. ‘’Anyone who wants third-party app stores “is free to go out and buy an Android device. The relief requested here is to force Apple to take a competing product off the market.”

During the last day of the trial, the judge also questioned Apple’s rule which prevents developers from using email addresses collected from iPhone users to promote their products while avoiding Apple’s IAP. 

“Apple’s hiding of that information in a way that is not directly reflected to the consumer seems to be anticompetitive,” the judge said.

She said that making her final decision could take months. 

Epic v. Apple Trial News: 

• Apple accuses Microsoft of using Epic as stalking horse
• Apple users are trapped in the App Store, Epic says 
• US judge presses Epic CEO on the second day of Apple antitrust trial
• Emails show Apple’s attempts to keep Netflix using in-app purchases
• Apple prevented over $1.5 billion in fraud in 2020, removed 150,000 misleading apps