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Customers walk past an Apple logo inside of an Apple store at Grand Central Station in New York on Aug 1, 2018.

Lucas Jackson | Reuters

Apple willfully violated a 2021 injunction that came out of the Epic Games case, Judge Yvonne Gonzalez Rogers said in a court filing on Wednesday.

She wrote that Apple Vice President of Finance Alex Roman “outright lied” to the court about when Apple had decided to levy a 27% fee on some purchases linked to its App Store.

“Neither Apple, nor its counsel, corrected the, now obvious, lies,” Rogers wrote, saying that she considers Apple to “to have adopted the lies and misrepresentations to this Court.”

Rogers added that she referred the matter to U.S. attorneys to investigate whether to pursue criminal contempt proceedings on both Roman and Apple.

The decision is a striking repudiation of Apple’s conduct in the Epic Games trial, which was decided in 2021 and appealed in 2023.

While Apple won the vast majority of counts in the original trial, Epic Games did win some concessions tucked inside a 180-page order. Rogers originally ordered the company to make changes to its app store, allowing software developers to link to their websites inside of iPhone apps for customers to make purchases outside of Apple’s ecosystem.

On Wednesday, Rogers accused Apple of willfully trying to violate her ruling, and she held the company in contempt.

Rogers wrote that it was expected under her ruling that those kind of off-app purchases would not have an Apple commission. But Apple introduced new policies in 2024 that collected a 27% commission from some of those purchases, only a slight discount from the 30% Apple usually collects from in-app purchases. Rogers said nearly every Apple decision on its app-linking policies was anticompetitive.

Rogers wrote that Apple presented evidence to the court of internal deliberations about its rule that were “tailor-made for litigation,” instead of the company’s actual internal discussions.

“In stark contrast to Apple’s initial in-court testimony, contemporaneous business documents reveal that Apple knew exactly what it was doing and at every turn chose the most anticompetitive option,” Rogers wrote. “To hide the truth, Vice-President of Finance, Alex Roman, outright lied under oath.”

Rogers also accuses Apple of withholding documentation of a June 2023 meeting including CEO Tim Cook about how they would comply with the 2021 court order. Rogers said that Apple hid the existence of the meeting from the court until 2025. She also said that Apple abused privilege in order not to share documents that it was supposed to.

Apple had a “a desire to conceal Apple’s real decision-making process, particularly where those decisions involved senior Apple executives,” Rogers wrote.

Former Apple senior vice president and current fellow Phil Schiller did not want Apple to take a commission on web links, but Cook ignored him, Rogers said.

“Cook chose poorly,” Rogers wrote.

The judge ordered, effective immediately, for Apple to stop imposing its commissions on purchases made for iPhone apps through web links inside an app. She also ordered Apple to pay Epic Games’ attorney fees over this specific issue.

“This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order,” Rogers wrote.

An Apple representative did not respond to a request for comment. Roman didn’t immediately respond to a message.

“It’s a huge victory for developers, and it means all developers can offer their own payment service side-by-side with Apple’s payment service,” said Epic Games CEO Tim Sweeney on a call with reporters on Wednesday. “This forces Apple to compete. This is what we wanted all along.”

WATCH: Street’s biggest Apple bear says a production move to India is unrealistic

Street's biggest Apple bear says a production move to India is unrealistic

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CNBC Daily Open: U.S. stocks retreat from highs as Broadcom leads tech sell-off

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CNBC Daily Open: U.S. stocks retreat from highs as Broadcom leads tech sell-off

Signage at the Broadcom Inc. headquarters in San Jose, California, U.S., on Monday, June 2, 2025.

David Paul Morris | Bloomberg | Getty Images

The sell-off in artificial intelligence stocks continued unabated Friday stateside. Broadcom shares tumbled more than 11% as investors grew concerned over lower margins and uncertain deals. Names such as Nvidia, Advanced Micro Devices and Oracle fell in sympathy, which caused major U.S. indexes to close lower.

It was a motif patterning the week. Even though the Dow Jones Industrial Average rose 1.1% week on week on the back of outperformance by financial stocks, tech names dragged down the S&P 500 and the Nasdaq Composite, which fell 0.6% and 1.6% respectively for the week.

That said, investors could have just been jittery amid the narrative of an apparent AI bubble, and were spooked by any sign of bad news. After all, Broadcom’s earnings — as well as its guidance for the current quarter — breezed past expectations.

“Frankly we aren’t sure what else one could desire as the company’s AI story continues to not only overdeliver but is doing it at an accelerating rate,” Bernstein analyst Stacy Rasgon, who has a “buy” rating on Broadcom, wrote in a Friday note.

Future prospects also look rosy, according to UBS. “We expect high profitability and the accelerating impact of the AI, power and resources, and longevity themes to drive 2026 performance,” said strategist Sagar Khandelwal.

But in the near term, investors may still be flighty, unless something concretely reassuring, such as Oracle achieving positive cash flow, reassures them the snapping sound is just a twig in the forest.

What you need to know today

U.S. stocks dragged down by AI names. Major indexes fell Friday, a day after they hit record highs. Asia-Pacific markets traded lower Monday. South Korea’s Kospi retreated roughly 1.5% as of 2:45 p.m. Singapore time (1:45 a.m. ET), leading losses in the region.

China’s economic slowdown deepens. Even though the country’s retail sales and industrial production grew year on year in November, their increase missed forecasts and slowed from the previous month. Investment in fixed assets in the January-to-November period contracted from a year earlier.

The end of the ‘Berkshire way’? Several aspects of Berkshire Hathaway’s leadership transition are signaling that the conglomerate is drifting away from the famously decentralized “Berkshire way,” CNBC’s Alex Crippen writes.

Hong Kong court finds Jimmy Lai guilty. The 78-year-old pro-democracy activist and media baron was ruled guilty of sedition and collusion with foreign countries by a Hong Kong court on Monday. The results might unsettle foreign investors, analysts say.

[PRO] China’s food security strategy. The spat between Beijing and Washington over soybean purchases has highlighted the evolution of China’s domestic agriculture industry. Goldman Sachs thinks this is the best way to play the sector.

And finally…

Copper prices have soared this year, hitting multiple record highs, fueled by supply disruptions and fears over U.S. tariffs.

Imagebroker/sunny Celeste | Imagebroker | Getty Images

Copper could hit ‘stratospheric new highs’ as hoarding of the metal in U.S. continues

Copper prices have hit multiple record highs this year, fueled by supply disruptions and as fears over U.S. tariffs have led to a surge in demand. The rally is set to continue into 2026.

Citi analysts expect prices of the red metal to skyrocket on the back of stronger demand led by the energy transition and artificial intelligence sectors. Electrification, grid expansion and data-center build-outs require large amounts of the metal for wiring, power transmission and cooling infrastructure.

— Lee Ying Shan

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CNBC Daily Open: Investors sell off tech despite steady Broadcom numbers

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CNBC Daily Open: Investors sell off tech despite steady Broadcom numbers

Signage at the Broadcom Inc. headquarters in San Jose, California, U.S., on Monday, June 2, 2025.

David Paul Morris | Bloomberg | Getty Images

The sell-off in artificial intelligence stocks continued unabated Friday stateside. Broadcom shares tumbled more than 11% as investors grew concerned over lower margins and uncertain deals. Names such as Nvidia, Advanced Micro Devices and Oracle fell in sympathy, which caused major U.S. indexes to close lower.

It was a motif patterning the week. Even though the Dow Jones Industrial Average rose 1.1% week on week on the back of outperformance by financial stocks, tech names dragged down the S&P 500 and the Nasdaq Composite, which fell 0.6% and 1.6% respectively for the week.

That said, investors could have just been jittery amid the narrative of an apparent AI bubble, and were spooked by any sign of bad news. After all, Broadcom’s earnings — as well as its guidance for the current quarter — breezed past expectations.

“Frankly we aren’t sure what else one could desire as the company’s AI story continues to not only overdeliver but is doing it at an accelerating rate,” Bernstein analyst Stacy Rasgon, who has a “buy” rating on Broadcom, wrote in a Friday note.

Future prospects also look rosy, according to UBS. “We expect high profitability and the accelerating impact of the AI, power and resources, and longevity themes to drive 2026 performance,” said strategist Sagar Khandelwal.

But in the near term, investors may still be flighty, unless something concretely reassuring, such as Oracle achieving positive cash flow, reassures them the snapping sound is just a twig in the forest.

What you need to know today

U.S. stocks dragged down by AI names. Major indexes fell Friday, a day after they hit record highs. The pan-European Stoxx 600 retreated almost 0.5%. Separately, the U.K. economy unexpectedly shrank 0.1% in the three months to October.

Oracle will finish data centers on time. The company issued its response to a Bloomberg report, which cited unnamed people, that Oracle will complete data centers for OpenAI in 2028 rather than 2027. “There have been no delays,” Oracle said.

Coinbase to have an in-house prediction market. It will be powered be Kalshi, a source close to the matter told CNBC, and is a play to expand asset classes available on the cryptocurrency exchange.

The end of the ‘Berkshire way’? Several aspects of Berkshire Hathaway’s leadership transition are signaling that the conglomerate is drifting away from the famously decentralized “Berkshire way,” CNBC’s Alex Crippen writes.

[PRO] China’s food security strategy. The spate between Beijing and Washington over soybean purchases has highlighted the evolution of China’s domestic agriculture industry. Goldman Sachs thinks this is the best way to play the sector.

And finally…

A bear statue stands outside the Frankfurt Stock Exchange, operated by Deutsche Boerse AG, in Frankfurt, Germany, on Friday, March 13, 2020. Top European CEOs are fearing a euro zone recession as a confluence of economic shocks continues to threaten the outlook for the bloc.

Alex Kraus | Bloomberg | Getty Images

Global week ahead: Europe under fire

U.S. President Donald Trump’s verdict on Europe: a “decaying” group of nations led by “weak” people. His criticism in a recent Politico interview adds to a tough period for the bloc, with challenges on multiple fronts testing European leaders in the final weeks of the year.

This week looks set to be critical, with a high-stakes summit in Brussels and the European Central Bank’s final policy meeting of the year. Key topics for this week include defrosting frozen Russian assets for Ukraine aid; EU vs. U.S. in trade and tech, and updated economic figures at the ECB meeting.

Leonie Kidd

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Broadcom and Costco’s rich valuations leave little room for error as battleground stocks

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Broadcom and Costco's rich valuations leave little room for error as battleground stocks

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