Apple has taken action to obtain internal data from Samsung in South Korea due to alleged monopolistic practices in its ongoing antitrust battle with the U.S. government. Here are the details.

Apple Requests Documents from Samsung in South Korea

In March 2024, the U.S. Department of Justice and a group of states filed a lawsuit against Apple, accusing it of limiting competition in smartphones and related products and services by using its App Store rules, developer restrictions, and control over key iPhone features.

Since then, after Apple’s unsuccessful attempt to have the case dismissed, the lawsuit has moved to the discovery phase, where both sides exchange documents, request records, and gather evidence to support their arguments.

Apple's new request is precisely in this context, asking the court to issue a formal request letter after Samsung Electronics refused to produce records that its U.S. subsidiary claims are solely held by the parent company in Korea:

Apple Inc. (“Apple”) respectfully requests that this Court issue the attached Request Letter for Samsung Electronics Co., Ltd. (“Samsung Electronics”) in the Republic of Korea pursuant to the Hague Convention of March 18, 1970. Apple’s Request Letter seeks internal business reports, market analyses, and data related to Samsung’s smartphone, smartwatch, and app store businesses. Apple has already issued a subpoena for Samsung Electronics America, Inc. (“Samsung America” or “SEA”), the internal subsidiary of Samsung Electronics, but Samsung America has objected to all of Apple’s document requests on the grounds that the documents are solely in the possession of Samsung Electronics.

Apple's request is based on the Hague Evidence Convention, which allows courts to collect evidence from overseas entities.

Regular readers of 9to5Mac may recall that the Hague Convention was recently brought up in another Apple-related case.

Earlier this year, South Korea refused to fulfill xAI's request for documents from super app developer Kakao, stating that the company's requests were overly broad.

Apple is now turning to the same mechanism but with a more specific request focused on certain Samsung records related to smartphones, smartwatches, and the Galaxy Store.

In fact, Apple is spending a significant portion of the application to justify the full scope of the request and the rationale behind it; it likely wants to show both the U.S. court and South Korean authorities that the request is narrowly defined and connected to the specific issues in the case. In the document, Apple argues:

A. The Requested Evidence is a Significant Part of the Case

B. The Request Letter is Reasonably Specific and Tailored

C. There Are No Adequate Alternative Means to Obtain the Information

D. Disclosure Supports U.S. Interests and Does Not Undermine Korean Interests

It is still unclear whether Apple’s request will be successful. Even if the U.S. court grants the request, South Korean authorities will have to decide whether to comply, and Samsung may appeal under Korean laws.

Follow this link to read Apple’s full application.

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