Apple has moved to obtain internal data from South Korea’s Samsung in its ongoing antitrust fight with the US government over alleged monopolistic practices. Here are the details.
Apple seeks Samsung documents in South Korea
In March 2024, the US Department of Justice and a group of states sued Appleaccusing it of using App Store rules, developer restrictions and control over key iPhone features to limit competition in smartphones and related products and services.
Since then, following Apple’s example failed attempt For the case to be dismissed, the case has moved into the discovery phase, which is when both sides exchange documents, request records, and gather evidence to support their arguments.
That is precisely the context of Apple’s decision. new presentationasking the court to issue a formal letter of request to be able to request documents from Samsung Electronics in South Korea, after Samsung’s US subsidiary refused to produce records it says are held solely by the Korean parent company:
Apple Inc. (“Apple”) respectfully requests that this Court issue the attached letter rogatory pursuant to the Hague Convention of March 18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague Evidence Convention”) to Samsung Electronics Co., Ltd. (“Samsung Electronics”) in the Republic of Korea. Apple’s request letter seeks internal business reports, market analysis and data on Samsung’s smartphone, smartwatch and app store businesses. Apple has already subpoenaed Samsung Electronics’ domestic subsidiary, Samsung Electronics America, Inc. (“Samsung America” or “SEA”), but Samsung America has objected to all of Apple’s document requests on the grounds that it will not produce documents purportedly in the exclusive possession, custody or control of Samsung Electronics.
Apple’s filing is based on the Hague Evidence Convention, which provides a mechanism for courts to collect evidence from foreign entities in civil or commercial matters.
Regular 9to5Mac readers may remember that the Hague Convention already came up recently in Another case related to Apple.
At the beginning of this year, South Korea refused to execute xAI request for documents from super app developer Kakao, essentially saying the company’s demands were too broad.
Apple is now turning to that same mechanism, but with a more personalized request focused on specific Samsung records tied to smartphones, smartwatches, and the Galaxy Store.
Apple says these Samsung documents could help clarify how competitive the smartphone and smartwatch markets really are, how often users switch platforms, and whether Apple’s policies have had the anticompetitive effects alleged in the lawsuit.
The company spends much of the filing justifying the exact scope and reasoning behind it, likely hoping to show both the U.S. court and South Korean authorities that the request is closely tailored and linked to specific issues in the case.
In the document, Apple maintains that:
A. The evidence requested is important for the litigation
B. The letter rogatory is reasonably specific and tailored
C. There are no adequate alternative means to obtain the information
D. The broadcast promotes the interests of the United States and does not undermine the interests of Korea
It remains to be seen whether Apple’s request will prove fruitful. Even if the US court grants it, South Korean authorities would still have to decide whether to carry it out, and Samsung could still raise objections under Korean law.
To read Apple’s full motion, follow this link.
Worth checking out on Amazon
FTC: We use automatic affiliate links that generate income. Further.
