Tim Cook Ordered to Attend 7-Hour Deposition in Apple vs. Epic Games Lawsuit - MacRumors
Skip to Content

Tim Cook Ordered to Attend 7-Hour Deposition in Apple vs. Epic Games Lawsuit

A judge presiding over preparatory hearings in the Apple vs. Epic Games court case has ruled that Apple CEO Tim Cook must attend a seven-hour long deposition to testify about how the company views App Store competition, reports Gizmodo.

fortnite apple featured
U.S. magistrate Judge Thomas S. Hixon reportedly settled on the seven-hour deposition after Epic Games proposed eight hours to depose Cook and Apple requested four. Apple's concession came after its lawyers attempted to cite the "apex doctrine," which prevents a high-level corporate employee from being deposed.

According to Judge Thomas S. Hixon, however, "this dispute is less than meets the eye." Hixon writes that the apex doctrine "limits the length of a deposition, rather than barring it altogether," and that given the circumstances, the dispute is a question of whether Cook should be deposed for "four hours, eight hours, or some length of time in between." Hence, Hixon's ruling that Cook should be deposed for seven hours.

Judge Hixon also denied Apple's request to subpoena internal documents related to ‌Epic Games‌' relationship with Samsung, which Apple alleged would prove that its ‌App Store‌'s practices are largely consistent with other industry players.

In other words, if Apple can prove that Samsung made similar decisions in how it distributes ‌Epic Games‌' Fortnite, then it could argue that the company's antitrust argument is unconvincing.

However, Hixon called the request "a quirky deep dive" into arrangements between the two companies, which "cannot serve as a stand-in for some larger category of market participants."

In another development, Hixon ordered Apple to make "best efforts" to produce internal payment-processing documents, after it criticized the company as "frustrating and unsatisfactory" in its attempts to stall their release to Epic.

According to Law360, Apple counsel representatives Jay Srinivasan of Gibson Dunn & Crutcher argued that the large size of the company meant the documents would take time to produce, and claimed that ‌Epic Games‌ has not prioritized its requests.

"You're not really offering a solution to this problem," Judge Hixson told Srinivasan. "You're just saying, 'No, we can't do it.' That feels frustrating and unsatisfactory to me."

‌Epic Games‌‌ in August added a Fortnite update that allowed customers to purchase in-game currency directly from ‌Epic Games‌, skirting Apple's in-app purchases. That is against Apple's rules, and the move led Apple to pull the app from the App Store.

After that, ‌‌Epic Games‌‌ filed a planned lawsuit against Apple, and Apple ultimately terminated ‌‌Epic Games‌‌' developer account. Fortnite has not been available on iOS devices since August, and as Epic refuses to comply with the ‌‌App Store‌‌ rules, there is no path for it to return to the ‌‌App Store‌‌.

The trial between ‌Epic Games‌ and Apple is scheduled to begin in May 2021.

Popular Stories

app store blue banner epic 1

EU Welcomes Apple's App Store Changes, Epic Slams 'Junk Fees'

Wednesday August 19, 2026 5:16 pm PDT by
Apple yesterday updated its App Store fees in the EU to comply with the Digital Markets Act and to put an end to its ongoing conflict with the European Commission. Apple cut the Core Technology Fee and simplified its pricing structure, so apps distributed through alternative marketplaces or through the web will pay less than before. When announcing the changes, Apple said it worked in "close ...
iOS 27 Next to iPhone

Here's When iOS 27 Rolls Out in Every Time Zone

Sunday September 13, 2026 3:00 am PDT by
Apple is about to release iOS 27, which will finally deliver more advanced Siri AI capabilities as well as a variety of other refinements, improvements, and new features to iPhones. It's Apple's biggest software update of the year, and Apple announced at Wednesday's iPhone event that it will be releasing iOS 27 sometime tomorrow – Monday, September 14. iOS 27 won't be the only release on...
iPhone Handoff iOS 27 Feature

T-Mobile to Charge $5 a Month for iOS 27 iPhone Handoff

Thursday September 10, 2026 3:58 pm PDT by
T-Mobile will charge customers $5 per month to use iPhone Handoff, an e-SIM feature that allows the same phone number to be used on two separate iPhones. iPhone Handoff requires carrier support, and at launch, only T-Mobile users in the U.S. and Deutsche Telekom users in Germany will be able to use it. T-Mobile says customers can use their number across two compatible iPhone models and...

Top Rated Comments

HQuest Avatar
73 months ago
Tim Cook: I don’t want to be here for an arbitrary length of 7 hours
Judge: this is the law.
Tim Cook: what if I don’t comply?
Judge: then you will get punished.
Tim Cook: that’s what Epic did. They had a legal agreement, they broke it and got punished. Any further questions?
Score: 19 Votes (Like | Disagree)
Maximara Avatar
73 months ago
I don't understand why this judge is given Apple such a hard time. It has been ruled that Epic's problems are a "self infected wound" so why is this even a thing? What does Epic have that will take seven hours to go through?! Sounds more like they are on a fishing expedition.
Score: 15 Votes (Like | Disagree)
djcerla Avatar
73 months ago

Tim Cook is not what best for Apple and the product innovation has been severely downgraded since 2015.
Yup.

Abject failures like AirPods and the M1 chip are here to remind us how terrible for Apple Cook is.
Score: 13 Votes (Like | Disagree)
73 months ago

Don’t like the App Store? Go dev for Android. Or the open web. Very simple. App Store is more than fair.
Fortunately, the "fairness" of the App Store is not for you to judge :D
Score: 13 Votes (Like | Disagree)
73 months ago

Such as? Did someone take you to the apple store and force you to buy an Apple product and NOT return it with in the 2 week return period?
You paid for you phone in full price. It is not a rent-phone. Apple has no right to tell you what you can use an what you cannot
Score: 10 Votes (Like | Disagree)
IllinoisCorn Avatar
73 months ago

I don't understand why this judge is given Apple such a hard time. It has been ruled that Epic's problems are a "self infected wound" so why is this even a thing? What does Epic have that will take seven hours to go through?! Sounds more like they are on a fishing expedition.
I'm an attorney. 7 hour depositions are not uncommon for a witness of this magnitude. I've been in depositions of a single witness that lasted days.

And yes, depositions are, in many respects, fishing expeditions. Different story when the witness is testifying at trial.

Tim will not be allowed to give corporate speak nonsense. He will be grilled. And I hope we get to see the video one day (I assume this deposition will be on video).
Score: 10 Votes (Like | Disagree)