GoKawiilThe U.S. 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 bit of background
A few days ago, Apple filed a request for documents from Samsung Electronics in South Korea as part of its defense against the DOJ in the ongoing antitrust fight over alleged monopoly practices.
Apple’s request came after Samsung’s U.S. subsidiary refused to produce records Apple claims would clarify how competitive the smartphone and smartwatch markets actually are, how often users switch between platforms, and whether Apple’s policies have had the anticompetitive effects alleged in the lawsuit.
According to Samsung U.S., 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 seek documents from Samsung Electronics in South Korea.
Apple’s request relies on the Hague Evidence Convention, which provides a mechanism for courts to obtain evidence from foreign entities in civil or commercial cases.
If the U.S. court grants Apple’s request, South Korean authorities would still need to decide whether to execute it. Even then, Samsung could raise objections under Korean law that may limit or complicate the production.
Which brings us to today.
DOJ criticizes Apple’s request
In a document submitted to the court, the DOJ pushes back on Apple’s reasoning behind the request, arguing that the company has long known both how central Samsung is to the case and that its Korean parent would likely hold some relevant documents.
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