FOLLOW US

In response, Judge Gonzalez Rogers asked the attorneys to pull up the transcript from the earlier hearings, and after reviewing the transcript, she pointed out that she had specifically said she wanted Apple to hand over to the court and to Epic Games "any notes" by Apple executives that relate to the new fees.

"'Any' is pretty broad," the judge told Apple's lawyer. "The whole point, Mr. Perry, was to get the documents relevant to decision-making. That was the point, and you didn't do it."

Judge Gonzalez Rogers again ordered Apple to produce the relevant documents.

"Let me make it clear, because you obviously didn't understand," the judge told Perry. "I want all of Apple's documents with respect to Apple's decision-making with respect to issues before the court. All of them. All. If there is a concern, then be overly broad."

Judge Gonzalez Rogers noted that the proceedings are over whether Apple failed to comply with her order, and she has been told by Apple executives that much of the decision-making was not done in writing.

"So now you all don't write things down anymore, and I need to understand what it was people were thinking and how you got to a 27% charge from a 30% charge that had been found to be anticompetitive," she said. "So, am I now clear?"

"Very clear, Your Honor," Perry replied.

After the discussion on document production and potential redactions, Epic called to the stand Benjamin Simon, who is CEO and founder of the yoga app Down Dog, which has about 500,000 subscribers. Simon had testified during the 2021 bench trial that he feared Apple would retaliate against him for his testimony, even as he ripped into the App Store's payment policies, calling them inconsistent and unfair to consumers and developers.

On Friday, Simon testified that Apple's new fees and restrictions have caused confusion among consumers, and hundreds of customers have complained to his company about its practice of charging more for in-app subscriptions, which are higher due to Apple's commissions, as opposed to out-of-app subscriptions paid for on its website.

Simon also testified that his company conducted a monthlong study that found that more than 90% of users opted to subscribe to the app on the company's website when customers were told that their subscriptions would be cheaper than subscribing via the app.

The study showed that when consumers were not aware of the pricing difference, roughly half of customers subscribed on the company's app and the other half subscribed on the website, according to Simon. He said the study also showed that overall, fewer customers subscribed when they didn't have the cheaper out-of-app subscription option. Overall, Apple's new fees and restrictions have made it worse for developers and upset consumers who feel misled, he said.