Apple Files Expert Witness Testimony Ahead of Upcoming Trial With Epic

On Monday, May 3 Apple and Epic will meet in court as their bench trial kicks off over the dispute that Epic started last summer by defying the App Store in-app purchase rules.

fortnite apple featured
In preparation for the legal battle, Apple today filed the written testimonies of its witnesses with the court, and if approved, it serves the same function as actual trial testimony, providing insight into the arguments that Apple will make. The expert testimony includes several professors with expertise in law, economics, marketing, computer security, and antitrust.

The witnesses will rebut claims made by Epic's witnesses, and will argue the merits of the ‌App Store‌ rules and policies for consumers. University of Pennsylvania Professor in Operations, Information and Decisions Lorin Hitt, for example, calculated Apple's digital game transaction market share to argue that Apple doesn't have a monopoly and to point out that Apple's fees are the same as other game transaction platforms.

My market share calculations support the conclusion that Apple does not have market or monopoly power in a properly defined market. Apple's share of the digital game transaction market lies between 23.3% and 37.5%. In light of my conservative approach, these market share estimates, especially at the high end, are likely to overstate Apple's true market share and are, in any event, inconsistent with Apple having substantial market power. The entry of new game transaction platforms is also inconsistent with Apple having market power.

University of Michigan Professor of Economics Dean Francine Lafontaine points to Safari as an alternative to in-app purchases that some developers use, though it's worth noting that Apple does not generally allow developers to advertise payment methods outside of the ‌App Store‌, so developers like Epic would need to make customers aware of the option outside of the app.

Even the rare consumer who has access to only an iOS device has a readily available game transaction alternative to the App Store--the Safari browser. For example, any Fortnite player can use Safari (or Chrome) to purchase Fortnite's in-game currency, 'V-Bucks,' a transaction that generates no commission for Apple.

A survey conducted by UCLA Professor of Marketing Dominique Hanssens argues that Apple does not have a monopoly in the gaming market because most iPhone and iPad users regularly use other devices that can access digital gaming content like consoles.

Results of my first survey show that 92 percent of respondents who downloaded apps from the App Store had regularly used at least one other type of device (i.e., devices other than iPhones and iPads) with which they could access digital gaming content, in the last 12 months. Further, 99 percent of respondents in the first survey had regularly used or could have regularly used at least one other type of device (i.e., devices other than iPhones and iPads) with which they could access digital gaming content, in the last 12 months.

On the topic of security, Johns Hopkins University Information Security Institute technical director Aviel Rubin will cover the importance of the ‌App Store‌ review process when it comes to security. Epic will likely argue that the ‌App Store‌ is not as secure as Apple says it is, pointing to scam apps and malware that slip through the review process as it aims to convince the court that third-party app distribution methods are needed.

The introduction of third-party app stores for iOS would decrease iOS security, safety, and trustworthiness, as evidenced by the cases of Google and statistics indicating that third- party app stores host 99.9% of discovered mobile malware... Irrespective of whether they would be able to or intend to achieve the same security goals, the reality is that they could not. Moreover, there is no guarantee that all, or even most, third-party app stores would commit to upholding user security and privacy and intend to achieve such security goals, particularly if those standards come at the expense of efficiency and revenue.

The filings are limited to Apple's expert witnesses and do not include topics that will be covered by Apple executives during the trial. Apple CEO Tim Cook, Apple Fellow Phil Schiller, and Apple software engineering chief Craig Federighi will all testify in person in the Northern California court.

Epic will likely share its own expert witness testimony at some point ahead of when the trial begins. Epic also has an interesting witness list, which will include Epic Games CEO Tim Sweeney and other Epic employees along with iTunes chief Eddy Cue and former iOS software chief Scott Forstall. Both companies will also call executives from other companies like Facebook and Microsoft.

Apple's witness statements are below for those who would like to see them in their entirety to get a better idea of how Apple plans to defend itself against Epic next week.

Popular Stories

iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching in Three Months With These 12 New Features

Saturday June 21, 2025 2:45 pm PDT by
The iPhone 17 Pro and iPhone 17 Pro Max are around three months away, and there are plenty of rumors about the devices from credible sources. Below, we recap key changes rumored for the iPhone 17 Pro models as of June 2025:Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone X...
iPhone 16 Battery Life Feature

iOS 26's New Battery Life Mode Available Only on These iPhone Models

Saturday June 21, 2025 9:02 am PDT by
Last week, we reported that iOS 26 introduces an opt-in Adaptive Power Mode on the iPhone, alongside the existing Low Power Mode. Apple says that Adaptive Power Mode can make "small performance adjustments" when necessary to extend an iPhone's battery life, including slightly lowering the display brightness or allowing some activities to "take a little longer." The full description of...
ios 26 control center b2

Everything New in iOS 26 Beta 2

Monday June 23, 2025 2:57 pm PDT by
Apple provided developers with the second beta of iOS 26, introducing the first changes and refinements to the new operating system since it debuted after the WWDC keynote. Because we're early in the beta testing process, there are quite a few tweaks to iOS 26, which we've rounded up below. Subscribe to the MacRumors YouTube channel for more videos. Control Center The background behind the...
All Screen iPhone 2027 Feature 1

iPhone Reportedly Moving to All-Screen Design in Two Stages

Sunday June 22, 2025 3:58 pm PDT by
Apple has long been working towards an iPhone with an all-screen design, and it might finally achieve the feat in a few more years from now. In his Power On newsletter today, Bloomberg's Mark Gurman said that Apple will shrink the size of the Dynamic Island on new iPhone models released next year. A year after that, he expects Apple to release a redesigned 20th-anniversary iPhone model....
apple watch ultra 2 new black

Apple Watch Ultra 3 Finally Coming After Two-Year Hiatus

Tuesday June 24, 2025 3:40 am PDT by
Apple will finally deliver the Apple Watch Ultra 3 sometime this year, according to analyst Jeff Pu of GF Securities Hong Kong (via @jukanlosreve). The analyst expects both the Apple Watch Series 11 and Apple Watch Ultra 3 to arrive this year (likely alongside the new iPhone 17 lineup, if previous launches are anything to go by), according to his latest product roadmap shared with...
ios 26 control center b2

iOS 26 Beta 2 Fixes Control Center Design

Monday June 23, 2025 10:58 am PDT by
With the second beta of iOS 26 that Apple provided to developers today, Apple addressed one of the major complaints that people have had with Liquid Glass. iOS 26 beta 1 on left, iOS 26 beta 2 on right The Control Center buttons are now slightly more opaque, making it easier to see the different control options even on a multicolored background. The new, more opaque look is apparent with the ...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro's Alleged Vapor Chamber Cooling System Partly Revealed

Sunday June 22, 2025 6:37 am PDT by
Apple's upcoming iPhone 17 Pro and iPhone 17 Pro Max models are rumored to be equipped with a vapor chamber cooling system, and a leaker known as Majin Bu today shared a photo of an alleged copper thermal plate for the system. Many high-end Android smartphones like Samsung's Galaxy S25 Ultra are equipped with a vapor chamber cooling system, which can manage heat dissipation inside the...
Apple CarPlay Ultra cluster Now Playing

These Apple CarPlay Ultra Partners Now Say They Won't Support It

Wednesday June 25, 2025 5:03 am PDT by
Apple is facing mounting resistance from automakers over CarPlay Ultra, the next-generation version of its CarPlay software system for vehicles that was announced last month. A new (paywalled) Financial Times report claims several major brands are walking back their earlier commitments to support the upgraded dashboard software. German luxury manufacturers Mercedes-Benz and Audi have both...
Apple Watch Ultra 2 Complications

watchOS 26 Adding a Smaller Yet Useful New Watch Face Setting

Monday June 23, 2025 9:39 am PDT by
watchOS 26 is adding a new "Show Data When Locked" setting to the Apple Watch. MacRumors contributor Steve Moser discovered the new setting within the code for the first watchOS 26 beta, and a Reddit user has seemingly found it in action, but we have yet to figure out where it is exactly. Leave a comment if you know. The new privacy setting allows you to toggle on or off the ability to...

Top Rated Comments

WiseAJ Avatar
54 months ago
Can't wait for Apple to epically smack Epic Games.
Score: 6 Votes (Like | Disagree)
MauiPa Avatar
54 months ago
Can’t really argue with the point that epics customers could go online a make purchases. Isn’t that what Spotify customers do? Last time I ordered something from Amazon, I didn’t see vendors advertising their own web stores. Although I used to find products on Amazon, then buy them direct from sellers so I didn’t have to pay Amazon tax. Then I got burned Amazon policies are way better. Now I go the Amazon route

same thing. If Amazon can do it, so can other companies
Score: 5 Votes (Like | Disagree)
gnasher729 Avatar
54 months ago
Netflix does just fine without any in-app purchases, and without paying any money to Apple. Well, except $99 a year for the development tools, and they probably have a support contract to pay for support from Apple.
Score: 4 Votes (Like | Disagree)
farewelwilliams Avatar
54 months ago
Good.

App Store has been more than fair with the cut.
Score: 3 Votes (Like | Disagree)
digitalrampage Avatar
54 months ago
Not a monopoly because they only have 23-37% market share?
They have 100% share of their platform.
I’m surprised by how many people here support Apple and deny EPIC.
End of the day, how many small companies and developers have been wiped off the planet because Apple decided unilaterally they no longer fit their needs because of duplication of services or etc. This isn’t clean cut. Gone are the days of buying a title and owning it forever. We are all renting everything. Planned obsolescence is assured with Apple’s current systems.
Score: 2 Votes (Like | Disagree)
Realityck Avatar
54 months ago
Good move, have multiple experts written testimonies available to use to question the basis of this trial. :cool:
Score: 2 Votes (Like | Disagree)