GoKawiilApple is asking a federal judge in New Jersey to force the U.S. government to turn over documents from 14 federal agencies that it says could support its defense in the DOJ’s antitrust case. The government, however, disagrees. Here are the details.
Apple seeks government data in iPhone antitrust lawsuit
Apple and the U.S. government have filed a joint discovery dispute letter with the U.S. District Court for the District of New Jersey, formalizing their disagreement over whether Apple is entitled to obtain documents from 14 federal agencies.
The request is part of Apple’s defense in the antitrust case the DOJ brought against the company in 2024, alleging that Apple illegally maintains a monopoly in the smartphone market by restricting apps, services, and accessories that could make it easier for users to switch away from iPhone.
According to Apple:
The United States is refusing to produce its own agency documents that are relevant to the parties’ claims and defenses. These documents reflect the United States’ own assessments of key issues, such as iPhone’s market differentiators, privacy and security risks associated with various smartphones, and the potential dangers of exposing iPhone’s secure ecosystem to less rigorous and less vetted third parties. Apple believes these materials will support its arguments that the practices Plaintiffs challenge make Apple’s products different—and, in the eyes of Apple’s customers, better—than alternatives and thus promote competition. Whether through Rule 34 party discovery or Rule 45 subpoenas, these agency documents are discoverable and should be produced.
Apple is basing its request on two separate discovery paths: Rule 34, which generally governs document requests directed at parties in a lawsuit, and Rule 45, which governs subpoenas directed at non-parties.
Apple argues that the documents should be produced either way: if the federal agencies are treated as part of the United States for discovery purposes, the documents are covered by Rule 34. If they are treated separately, Apple says its Rule 45 subpoenas still require production.
Apple claims that despite its many attempts to obtain these documents, “the United States has refused to produce a single document from the relevant agencies, and in the meantime has forced Apple to run in circles,” offering conflicting and sometimes contradictory procedural objections to producing them.
Apple is seeking documents related to:
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