The Mercury News

Apple begins App Store defense in Epic antitrust court battle

- By Malathi Nayak and Mark Gurman

Apple began Monday to present its case in the closely watched antitrust trial with Epic Games — a defense that will include testimony from Chief Executive Officer Tim Cook.

Epic already has presented witnesses for two weeks in federal court in Oakland. First up on the witness stand for Apple is Phil Schiller, an Apple Fellow who runs the App Store and previously was its senior vice president of worldwide marketing for decades.

Schiller is a smooth, technologi­cally-savvy speaker who made his mark as Apple’s top spokesman for product announceme­nts. He’s known as Apple’s chief defender and guards the company’s brand with passion.

Aside from Steve Jobs and Cook, Schiller has been one of the most important assets at Apple since its resurgence in the late 1990s.

Schiller, who previously testified in Apple’s 2011 suit accusing Samsung of copying patented designs for mobile devices, took on responsibi­lity for the App Store business in 2015, and last year moved out of his former marketing chief role.

Despite taking on the App Store officially only 6 years ago, he was a critical part of its developmen­t and launch in 2008 and was typically involved in key decisions regarding developers, app review and new features.

The most anticipate­d witness will be Apple’s closer: Cook. When Apple introduces new products, Cook’s typical strategy is to come on stage, discuss the company’s values, and then hand-off the stage to his lieutenant­s.

This time, Cook plans to discuss the company’s business model and why the App Store operates as it does.

It will also mark Cook’s first testimony in court, as he bypassed earlier trials with Samsung and Qualcomm.

In filings with the court, Apple said that Schiller will discuss the developmen­t and launch of the App Store, policies and guidelines, the company’s business model, and competitio­n faced by the company.

In his first minutes on the stand Monday, Schiller answered questions about how Apple stopped having separate profit and loss statements for different units after the company was reorganize­d under Jobs’ watch in 1997.

How much Apple makes from the App Store is central to Epic’s case that the marketplac­e for apps for mobile devices is run like a monopoly.

Epic sued Apple last year amid a backlash against the technology giant— with billions of dollars in revenue on the line — from global regulators and some app developers who say its standard App Store fee of 30% and other policies are unjust and self-serving.

The Apple-Epic fight blew up in August when the game maker told customers it would replace Apple’s in-app purchase system with its own, circumvent­ing Apple’s commission­s from add-ons inside of Fortnite. Apple then removed the game, cutting off access for more than a billion customers.

Over the past two weeks, Epic executives including CEO Tim Sweeney and representa­tives from Apple rivals including Microsoft Corp. and Nvidia Corp. took the stand.

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