Senator Amy Klobuchar, (D-MN), speaks during the fourth day of the confirmation hearing for Supreme Court nominee judge Amy Coney Barrett before the Senate Judiciary Committee on Capitol Hill in Washington, DC, on 15 October 2020.
Susan Walsh | Swimming pool | Reuters
Apple has agreed to send a senior executive to testify before the Senate antitrust judicial subcommittee after top senators pressured the company to have one available to discuss competition concerns about its app store.
In a letter to Apple CEO Tim Cook on Friday, subcommittee chair Amy Klobuchar, D-Minn., And ranking member Mike Lee, R-Utah, wrote about Apple’s “refusal to provide a witness to testify in time “. They said they “strongly urge Apple to reconsider its position.”
Apple responded Sunday in a letter obtained by CNBC and first notified by Bloomberg, agreeing to send compliance chief Kyle Andeer to testify on April 21st. Timothy Powderly, senior director of government affairs for the Americas, wrote that Apple was Klobuchar and Lee’s letter, saying it had previously expressed its willingness to participate, but “was simply looking for alternative dates in light of upcoming issues which have been scheduled for a long time and which touch on similar issues “.
Klobuchar and Lee wrote Friday that Apple had previously cited an ongoing lawsuit as a reason to refuse to provide testimony in April. Apple is facing a lawsuit from Fortnite maker Epic Games, which has accused the company of violating antitrust laws by running its app store. Epic and other developers complain about Apple spending between 15% and 30% on purchases customers make through apps on their iOS devices.
Senators said many other technology executives and beyond testified on similar terms, adding that Apple was aware of the litigation when it originally worked with the subcommittee to provide testimony. They also noted Apple’s choice to send witnesses to testify before state legislatures voted on bills regulating app stores in the way their panels plan to explore.
“Apple’s sudden change of course to refuse to provide a witness to testify before the subcommittee on app store competition issues in April, when the company is clearly willing to discuss them in other public forums, it is unacceptable, “they wrote in the letter on Friday.
Powderly told senators that Apple understands its interest in holding the hearing in April and would make it available to Ander. Andeer has previously testified before members of the House and state legislatures on similar issues. Powderly emphasized the role of the app store in helping developers of all sizes create apps that serve the customer experience.
“Customers benefit from our commitment to quality, security and privacy and look forward to the opportunity to share our story,” he wrote.
Subscribe to CNBC on YouTube.
SEE: Apple’s fight with Epic Games is part of a larger antitrust battle