The first week of the Epic Games vs. Apple antitrust case is wrapping up, and Apple is going out swinging. The company is trying to get one of Epic Games’ expert witness’ testimony stricken from the record.
As first reported today by The Verge, Apple is trying to get the testimony supplied by Xbox Vice President of Business Development Lori Wright removed from the record. The move was revealed in a new filing, with Apple arguing that some of the documentation referenced by Wright in her testimony was not produced in advance. As such, Apple believes the entire testimony of the Xbox executive should be under a cloud.
Earlier this week, Wright said during cross-examination that Microsoft sells the Xbox video game console at cost, all in an effort to subsidize game sales.
Apple’s lawyers are apparently targeting this specific point of interest:
Ms. Wright testified about the supposed unprofitability of Microsoft’s console business without providing the P&L statement from her files that could have substantiated (or disproven) her testimony,’ Apple’s filing argues.
It should not be a surprise to hear that Microsoft is not especially keen on providing Apple any sensitive information related to any of its businesses. Even if Apple doesn’t necessarily have a product that directly competes with the Xbox, Microsoft and Apple have been in a heated competitive battle in other areas for years. And, at the same time, have to find a balance for competitive cooperation, too.
And for what it’s worth, Apple has made this move earlier this year. Back in April, Apple argued that there was irregular document production coming from Microsoft. They argued then that this meant Wright’s testimony should be stricken from the proceedings altogether, even before the trial started. Apple is now arguing that Wright stepped beyond the preset parameters of the testimony meant to be provided.
Whether or not this actually happens remains to be seen. But it’s clear that Apple wants to take a swing at Microsoft during this process in one way or another. Either by getting a glimpse at the aforementioned P&L analysis or striking Wright’s expert witness testimony from the record. Or both, even.