Judge Yvonne Gonzalez Rogers has recently stated that Apple and a company executive lied during the 2021 trial involving Epic Games. This case arose from Apple’s decision to remove Epic’s popular game, Fortnite, from the App Store after Epic included a direct purchasing link, which allowed users to buy in-app items directly from Epic, thereby avoiding Apple’s standard 30% commission. In a recent court document, Judge Gonzalez Rogers ruled that Apple “willfully” violated an injunction she imposed during the original trial.
She specifically accused Alex Roman, Apple’s Vice President of Finance, of lying under oath regarding the timing of Apple’s decision to impose a 27% fee on some App Store purchases. Consequently, she has referred the case to U.S. attorneys to investigate potential criminal contempt charges against Roman and Apple. In response, Apple stated that it strongly disagrees with the ruling and plans to appeal.
The judge’s recent findings revealed that Apple was in contempt of the earlier ruling, asserting that the company attempted to undermine her decisions from 2021. Following her ruling, she indicated that purchases made off-app by iPhone users should not incur any commission for Apple. Instead, in 2024, Apple simply reduced its commission from 30% to 27%.
Judge Gonzalez Rogers emphasized that numerous internal documents proved Apple was aware of its actions and chose to disregard competitive practices. Moreover, the judge criticized Apple for not disclosing a meeting from June 2023 that involved CEO Tim Cook, which they kept hidden from the court until recently. She has mandated that Apple immediately cease charging commissions on purchases made through app-linked web purchases.
This outcome is seen as a significant victory for developers, allowing them to offer their payment services alongside Apple’s, thereby fostering competition. Additionally, Apple will be responsible for covering Epic’s legal fees related to this case. Judge Gonzalez Rogers firmly stated that noncompliance with court orders does not allow for second chances.