Apple demands Samsung data in antitrust case Apfelpatient

In the ongoing antitrust case with the US Department of Justice, Apple is seeking access to internal documents from Samsung Electronics in South Korea. Samsung's US subsidiary had refused to hand them over.

The antitrust case against Apple is gaining momentum. The US Department of Justice (DOJ) sued Apple in March 2024, accusing the company of using the App Store, developer guidelines, and control over core iPhone functions to stifle competition in the smartphone market. After Apple's attempt to have the lawsuit dismissed failed, the case is now in the discovery phase – and Apple is trying to gather evidence for its defense.

In a new court filing, Apple has asked the relevant court to issue a formal request for legal assistance to South Korea to obtain internal documents from Samsung Electronics. Specifically, the request concerns business reports, market analyses, and data relating to Samsung's smartphone, smartwatch, and app store businesses.

Apple initially obtained a court order demanding that Samsung's US subsidiary, Samsung Electronics America, hand over the documents. Samsung refused, however, arguing that the requested documents were solely in the possession of its Korean parent company. Apple is therefore now invoking the Hague Convention on the Taking of Evidence Abroad – an international legal instrument that allows for the procurement of evidence from abroad in civil proceedings.

Why Apple needs Samsung Data

Apple's strategy is clear: The company wants to demonstrate that the smartphone and smartwatch market is more competitive than the DOJ claims. Internal Samsung data on how often users switch between platforms, the performance of the Galaxy Store, and Samsung's assessment of its competition with Apple could support Apple's argument that a monopoly is out of the question.

In its application, Apple emphasizes that the request is specifically limited to certain documents and does not cast the wide net that has led to the failure of similar requests in the past. Earlier this year, South Korea rejected a comparable request from Elon Musk's xAI company because the requirements were deemed too broad. Apple is clearly trying to avoid making the same mistake.

What happens next

Even if the US court approves Apple's request, the final decision rests with the South Korean authorities. They must examine whether the request complies with Korean law. Samsung could also file an appeal under Korean law.

The antitrust case itself is expected to drag on for years. The discovery phase is typically the longest and most complex stage of such a case. A lot is at stake for Apple: A conviction could force fundamental changes to how the App Store, developer guidelines, and the entire iPhone ecosystem function—similar to what happened in the dispute with Epic Games over App Store fees. (Image: Shutterstock / Tada Images)