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Chronicles

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Epic files expert testimonies before next week's trial, arguing its antitrust case and disputing Apple's claim that App Store's primary role is to protect users

Ben Lovejoy / 9to5Mac :

9to5Mac Ben Lovejoy

Context & Ripple Effects

Apple had already filed its own expert testimony on App Store market share and security. Epic’s submission turns the pretrial record into a direct clash over whether the App Store’s restrictions are principally about user protection or market power.

The trial is also set to hear from Apple leaders including Tim Cook, Phil Schiller, Craig Federighi and Eddy Cue, making the expert evidence a framework for the factual testimony to follow.

First-order effects

  • Epic and Apple enter trial with opposing expert accounts of the App Store’s market role and security rationale, sharpening the evidence each side must defend.
  • Apple’s user-protection justification becomes a central point of challenge rather than an uncontested explanation for App Store controls.

Second-order effects

  • The court’s assessment of market definition, security, and Apple’s fee structure will determine which party’s evidence sets the terms of the antitrust debate during witness testimony.
  • Apple executives called as witnesses face a record already organized around the tension between the App Store’s walled-garden model and Epic’s monopoly claims.

Third-order effects

  • If Epic’s framing gains traction, platform operators’ use of security as a justification for closed distribution systems will face more searching antitrust scrutiny.
  • The case is becoming a test of whether app-distribution control and platform fees are treated as an integrated product model or as separable sources of market power.

The trend: The Epic-Apple dispute is part of a broader challenge to whether tightly controlled digital marketplaces can justify distribution restrictions through security and user protection.

Discussion

  • @timsweeneyepic Tim Sweeney on x
    “Only 3% of those polled think the 30/70 revenue share on digital storefronts is justified” https://www.gdconf.com/...
  • @nors3 @nors3 on x
    About 75% of the Fortnite revenue is from consoles. PS4 generates 46.8% of the total revenue of the game https://www.theverge.com/...
  • @jacknicas Jack Nicas on x
    Apple is being sued by Epic Games, the maker of Fortnite, which argues that Apple unfairly forces app makers to hand over 30% of their sales. Apple has countered that Epic is not some sympathetic app developer; it's worth nearly $30 billion! That's what Apple sells in a month.
  • @benedictevans Benedict Evans on x
    Interesting data on App Store revenue from Apple's latest filing. https://t.co/36sO6G6drt
  • @chrismlacy Chris Lacy on x
    “Users can just leave their game of Fortnite & buy V-Bucks in a browser”. This is what passes for expert witness testimony hey? Especially when, as the article points out, *Apple prohibits informing users about other options to purchase digital goods*! https://www.macrumors.com/.…
  • @timsweeneyepic Tim Sweeney on x
    Apple believes you should have a choice! Just not about payments. Nor stores. Nor a choice to play Fortnite. Nor a choice for developers to distribute apps directly. Apple thinks those choices should be Apple's alone.