The US Department of Justice has filed a response criticizing Apple’s recent request to obtain evidence from Samsung in South Korea in the ongoing antitrust case. Here are the details.
A little background
A few days ago Apple submitted an application for Samsung Electronics documents in South Korea as part of its defense against the Justice Department in the ongoing lawsuit. antitrust fight for alleged monopolistic practices.
Apple’s request came after Samsung’s U.S. subsidiary refused to produce records that Apple says would 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.
According to Samsung US, the documents are held only by its Korean parent company, so Apple filed a petition asking the United States District Court for the District of New Jersey to issue a formal letter of request to search for documents from Samsung Electronics in South Korea.
Apple’s request is based on the Hague Evidence Convention, which provides a mechanism for courts to obtain evidence from foreign entities in civil or commercial cases.
If the US court accepts Apple’s request, South Korean authorities would still have to decide whether to execute it. Even then, Samsung could raise objections under Korean law that could limit or complicate production.
Which brings us to today.
The Justice Department criticizes Apple’s request
In a court filing, the Justice Department rejects Apple’s reasoning behind the request, arguing that the company has long known how central Samsung is to the case and that its Korean parent would likely have some relevant documents.
The Justice Department says Apple took too long to make this request, argues that the process is unlikely to be completed before the close of discovery, and makes clear that it should not be used to justify extending deadlines.
The Justice Department adds that if the court grants the request, Apple “would have to run the risk that some or all of the evidence it seeks from South Korea will not be returned in time.”
From the presentation:
Under no circumstances should the complex and slow foreign judicial process under the Hague Convention be a reason to further extend the closure of fact discovery or delay trial in this matter, particularly in light of Apple’s decision to wait nine months before filing its motion.
Interestingly, the DOJ emphasizes that it takes “no position on whether the Court should issue the letter rogatory,” but instead focuses on the possibility of delays in the testing schedule that could result from this attempt.
You can read the DOJ’s full response below:
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