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Tim Cook, Apple’s CEO, has been requested to sit for a deposition concerning Epic Games’ case last year. However, he expressed his intention to decline when Apple sent a request to the court so he can be excused from giving a sworn statement.
Apple’s CEO’s deposition to go ahead
But Judge Thomas S. Hixson rejected the petition and ruled that Tim Cook should appear in court for a 7-hour deposition. This is part of Apple’s ongoing legal battle with Epic Games, the developer of the popular game “Fortnite.”
A trial has been set to begin on May 3, and both parties are now submitting their own requests for depositions and testimonies. This move is part of their preparations for the upcoming court hearing.
As per Fox Business, court documents showed that Epic Games was originally asking for Tim Cook to be deposed for a total of eight hours. In response, Apple appealed the apex policy that prevents high-ranking company employees from being deposed, but later, rather than a concession, Apple suggested a 4-hour deposition for Tim Cook. Judge Hixson ruled that Cook must attend a 7-hour deposition for the case.
Apple’s request to subpoena leading tech companies
In any case, Apple wants to subpoena Samsung by explaining how the “Fortnite” game is distributed, but this was denied. The company requested this because it believes the Korean tech company will support its claim that the policies used by the App Store are the same as the other companies.
"If the market includes dozens or hundreds of app producers, then the ability this particular company has to distribute its apps on other platforms is barely relevant to the antitrust claims at issue, which focus on the effect Apple’s policies have on a market, not just one competitor," Hixon explained as the reason for denying the Samsung subpoena.
Apple also subpoenaed other big tech firms, including Nintendo, Sony, Amazon, and Microsoft. Meanwhile, the dispute started last year when Tim Cook’s company pulled out “Fortnite” from its App Store because of the game’s direct payment feature. Apple stated that this in-app payment scheme goes against the store’s policy.
