London Daily

Focus on the big picture.
Tuesday, Aug 04, 2026

At Epic v Apple's closing, judge probes implications of upending Apple's App Store

At Epic v Apple's closing, judge probes implications of upending Apple's App Store

Judge Yvonne Gonzalez Rogers hints she may be receptive to allegations Apple misues control over App Store, hurts developers

Federal Judge Yvonne Gonzalez Rogers held unconventional closing arguments Monday in the antitrust trial between Epic Games and Apple Inc, peppering both sides' attorneys for three hours about how far she could - and should - go to change Apple's App Store business.

App makers and regulators around the world are watching the trial and Gonzalez Rogers has hinted in sharp questions to Apple that she may be receptive to some of the "Fortnite" game creators' allegations that Apple misuses its control over the App Store and hurts developers.

Last week the federal judge said that Apple's App Store profits from game makers looked "disproportionate," but on Monday she questioned Epic on whether there was a way to address its concerns without forcing Apple to open the iPhone to rival app stores, as Epic has proposed.

That would be a sweeping change and "courts don't run businesses," she said. She also noted the windfall that a change would mean for Epic, whose own efforts to start a competing paid app store were discussed during the trial.

"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 said.

Apple attorney Veronica Moye and Gary Bornstien from Epic speak with Judge Yvonne Gonzalez Rogers during a weeks-long antitrust trial at federal court in Oakland, California, U.S. May 24, 2021 in this courtroom sketch.


Epic's lawyer Gary Bornstein stuck to the request Epic has made since filing the case last year: Force Apple to open up the iPhone to competing app stores and bar it from requiring developers to use its in-app payment system.

Gonzalez Rogers said that under Epic's proposed changes, it is likely the company would pay Apple nothing, a fact that "concerned" her throughout the trial.

Epic Chief Executive Tim Sweeney, who has driven the company's legal strategy and attended the entire trial, is "attacking the fundamental way that Apple is generating revenue," Gonzalez Rogers said. "There's a reasonable argument that (Apple is) using these profits to benefit the whole ecosystem."

At times, Gonzalez Rogers questioned other issues, such as an Apple rule barring developers from using email addresses gathered from iPhone users to market ways to avoid Apple's in-app purchase system.

"Apple's hiding of that information in a way that is not directly reflected to the consumer seems to be anticompetitive," she said.

Throughout the day, Apple's attorneys argued that Epic's sweeping requests would make Apple just like the Android system, essentially decreasing consumer choice.

"Apple wants to keep its product differentiated," Apple attorney Veronica Moye said. 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."

To make her decision, the judge will have to wade through 4,500 pages of testimony, a process she said could take months.

Newsletter

Related Articles

0:00
0:00
Close
Aston Martin Faces Legal Threat Over £550m Rescue Deal
Reform UK Wants the Royal Navy to Return Channel Boats to France
US and Japan Step In to Support the Yen in Rare Joint Intervention
The AI Pricing Problem: Companies Cannot Predict Their Own Bills
Europe’s Heat and Drought Are Now Disrupting Power, Shipping and Tourism
Apple’s OpenAI Lawsuit Becomes a Public Fight Over AI Hardware
UK Man Jailed After Keeping His Mother’s Body in a Freezer and Claiming £78,000
A SpaceX Rocket Is About to Crash Into the Moon — and Scientists Hope to Watch
World War II munitions discovered after wildfires in southern France
BP profits reach four-year high amid Middle East conflict
Europe’s Drying Rivers Trigger Power Cuts, Factory Shutdowns and Wildfire Emergencies
UK Driver Sentenced to Four Years for Staged Electric Vehicle Brake Failure Fraud
Conservative Party and Reform UK Face Scrutiny During Clacton By-Election Campaign
Ministry of Justice Reviews Early Release Rules After Public Anger Over Police Killer Cases
NHS Radiographers Report Rising Racist Abuse From Patients Across UK Hospitals
UK Banking Regulators Face Pressure After Customer Loses Fourteen Thousand Pounds in AI Voice Scam
Research Challenges Treasury Control Over UK Public Spending and Calls for Greater Local Decision-Making
Home Office Begins Four-Week Weapons Surrender Campaign Across Major English Cities
Southern England Records Driest July in Nearly Two Centuries as Drought Concerns Grow
Apple Challenges UK Government Request for Access to Encrypted User Data in Legal Fight
BP Reports Sharp Profit Increase as Middle East Conflict Drives Global Oil Prices Higher
Nigel Farage Expresses Openness to Potential Alliance with Restore Britain
AstraZeneca Merger Talks Reflect Intensifying Pharmaceutical Consolidation
University Merger May Set Template for Higher Education Reform
Apple's Legal Challenge Highlights Growing Tension Over Encryption and Surveillance
Prime Minister Andy Burnham's Agenda Signals Shift Toward Greater Regional Devolution
Mental Health Trust Faces Criticism Over Planned £25 Million Budget Cuts
Scientists and Cultural Leaders Call for Funding to Save Jodrell Bank Observatory
UK Manufacturing Output Reaches Highest Level in Nearly Two Years
University of Greenwich and University of Kent Complete Landmark Merger
Nigel Farage Unveils Naval Border Proposal Amid Questions Over £5 Million Donation
Prime Minister Andy Burnham Pledges Tougher Action on Small Boat Crossings
Apple Challenges UK Government Over Encrypted Data Access Demands
AstraZeneca Shares Fall After Reports of $400 Billion Bristol Myers Squibb Merger Talks
Triple Lock Lifts UK State Pension but Leaves a Wider Retirement Gap
Danube Drought Forces Hungary’s Paks Nuclear Plant Into Full Shutdown
Ceuta Death Toll Rises as Spain and Europe Clash Over Border Response
Cuba’s Grid Fails Again as Fuel Crisis Deepens
Nazca Lines Flight Crash Kills Thirteen as Peru Suspends Aerodiana
Modern Slavery Decisions Broaden the Al Fayed Inquiry’s Frame
FIFA’s Retreat Leaves a Larger Question Over Who Guards the Game
Two Firefighting Crew Members Die in Helicopter Collision West of Athens
Public Sector Automation Through Artificial Intelligence
Regional Investment Beyond London
Protection of Strategic Technology Assets
UK Competition Regulator Blocks Major Foreign Takeover of British Quantum Computing Firm
UK Government Commits Two Billion Pounds to Modernise Northern Rail Network
UK Parliament Approves Planning Reforms to Accelerate Housing Construction on Green Belt Land
Scotland Approves Major Floating Offshore Wind Expansion in the North Sea
United Kingdom and European Union Sign Defence and Critical Minerals Cooperation Agreement
×