Are iPhone users really switching to Android? Justice Department says Apple may be too late to prove it

Apple’s plan to use Samsung data to defend itself in its antitrust fight is now facing resistance from the US Department of Justice (DOJ).

The Cupertino company recently asked to a US court for permission to obtain internal documents from Samsung’s parent company in South Korea. The idea is to use data from a major Android rival to demonstrate that users can easily switch between iPhone and Android, and are not locked into Apple’s ecosystem.

Now, the Department of Justice has responded (h/t 9to5Mac), and he’s not very happy with the way Apple is proving his theory.

In a new court filing, the Justice Department maintains that Apple has long known how important Samsung is to the case and that the company waited months before making this request.

According to the agency, the process that Apple intends to use involves a complex international legal mechanism under the Hague Convention. There’s a good chance that the data Apple wants won’t arrive before the current discovery phase ends.

For these reasons, the Justice Department says Apple should not be allowed to use this as an excuse to delay the case.

In fact, the filing explicitly warns that the court should not extend deadlines or delay the trial just because Apple is now trying to gather evidence from Samsung. If the request is approved, the Justice Department says Apple would have to accept the risk that the data arrives too late to be useful.

Interestingly, the Justice Department also says it takes no position on whether the court should allow Apple to request internal data from Samsung. Instead, their focus is on keeping the case on schedule and avoiding further delays due to Apple’s move.