In a significant development, a U.S. district judge has recommended a criminal contempt investigation into Apple, concluding that the tech giant willfully disobeyed an injunction stemming from the high-profile lawsuit initiated by Epic Games. Judge Yvonne Gonzalez Rogers criticized a senior Apple executive for providing false testimony during proceedings, claiming that Apple has not complied with court orders concerning anti-competitive practices and pricing structures in the App Store.
The original injunction was designed to permit third-party payment mechanisms, aimed at mitigating Apple's entrenched dominance in the app marketplace. In a statement made late Wednesday, Apple expressed its strong disagreement with the ruling and announced plans to appeal while also asserting compliance with the judicial orders.
The case, which originated in 2021 when Epic Games—developer of the massively popular game Fortnite—contested the hefty up-to-30% commission charged by Apple on app purchases, claimed that the App Store operated as a monopolistic structure. Judge Gonzalez Rogers previously ruled that Apple was restricted from blocking developers from directing customers to their own purchasing platforms.
In her contempt ruling, the judge stated that Apple continued to impede competition in ways that she deemed intolerable. She highlighted internal communications from within Apple that indicate deliberate efforts to flout the injunction, asserting that the company made calculated decisions to favor anti-competitive strategies. Judge Gonzalez Rogers specifically criticized CEO Tim Cook for ignoring sound advice from his executive team regarding compliance.
One noted avenue of defiance involved Apple's introduction of a 27% commission on off-app purchases, a change from their earlier practice of not charging fees. Furthermore, she mentioned how the company imposed new limitations to deter customers from using alternative purchasing routes.
In reaction to the ruling, Epic Games’ CEO Tim Sweeney announced on X that the company intends to reintroduce Fortnite to the iOS App Store next week, while extending a proposal for an amicable resolution with Apple. Sweeney suggested that should Apple adopt the friction-free pricing model worldwide, Epic would cease ongoing litigation on the matter. He further asserted that Apple’s commission fees are now obsolete in both the U.S. and Europe under prevailing market regulations, signaling a shift in the ongoing battle against the “Apple Tax.”
