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Apple’s Cook, Other Executives to Testify in Fortnite Trial

Apple’s Cook, Other Senior Leaders to Testify in Fortnite Trial

Apple Inc. Chief Executive Officer Tim Cook and software chief Craig Federighi are among the technology giant’s top executives who may testify in its trial versus Epic Games.

In addition to Cook and Federighi, App Store Vice President Matt Fischer, Apple’s former marketing chief and current Apple Fellow Phil Schiller may also testify, the company said. Other executives who may also take the stand include those in charge of combating fraud on the App Store, facilitating payments, game development, marketing, and developer relations, according to a tentative list of Apple’s witnesses submitted to the court.

Apple’s Cook, Other Executives to Testify in Fortnite Trial

“We feel confident the case will prove that Epic purposefully breached its agreement solely to increase its revenues, which is what resulted in their removal from the App Store,” the Cupertino, California-based company said in a statement. “By doing that, Epic circumvented the security features of the App Store in a way that would lead to reduced competition and put consumers’ privacy and data security at tremendous risk.”

The executives are expected to testify live in person and Cook is scheduled for a total of 2 hours and 10 minutes, combining direct examination, cross examination, and re-direct examination. Federighi is listed at a total of 3 hours and 10 minutes, while Schiller, who runs the App Store, will be available for 11 hours, according to the list.

Epic’s witness list includes many of its senior executives, including CEO Tim Sweeney. The list also includes three notable former Apple executives as third-party witnesses: Scott Forstall, former head of iOS software engineering, Ron Okamoto, ex-head of developer relations, and Phillip Shoemaker, who ran app review.

“The chorus of developers speaking out against Apple and their anti-competitive practices has become louder,” Epic said in a statement, citing comments from other tech companies in news reports against the App Store. “We are not alone in this fight. We look forward to making our case for competition in app distribution and payment processes.”

Apple and Epic are nearing a trial after Epic sued over the removal of its hit game Fortnite from the App Store. Apple removed the game for circumventing its in-app-purchase rules. Apple countersued Epic involving the game maker’s income from not using its in-app-purchase system, which charges a 30% fee per transaction.

©2021 Bloomberg L.P.