Apple has moved to access Samsung’s internal data in South Korea in its ongoing antitrust battle with the US government over alleged corruption. Here are the details.
Apple wants documents from Samsung in South Korea
In March 2024, the US Department of Justice and a group of states sued Apple, accusing it of using App Store rules, developer restrictions, and controlling key features of the iPhone to limit competition in smartphones and related products and services.
Since then, following Apple’s unsuccessful attempt to have the case dismissed, the case has entered the discovery phase, where both sides exchange documents, request records, and gather evidence to support their arguments.
That’s exactly the gist of Apple’s new filing, asking the court to issue a subpoena to demand documents from Samsung Electronics in South Korea, after Samsung’s US subsidiary refused to produce records it says are held only by the Korean parent company:
Apple Inc. (“Apple”) respectfully requests that this Court issue a Subpoena pursuant to the Hague Convention of March 18, 1970 on the Taking of Evidence In and Out of Civil or Commercial Matters (“The Hague Evidence Convention”) to Samsung Electronics Co., Ltd. (“Samsung Electronics”) in the Republic of Korea. Apple’s Demand Letter seeks internal business reports, market analysis, and data regarding Samsung’s smartphones, smartwatch, and app store businesses. Apple has already called Samsung Electronics’ domestic subsidiary, Samsung Electronics America, Inc. (“Samsung America” or “SEA”), but Samsung America has denied all of Apple’s document requests on the basis that it will not produce documents that it claims is owned, maintained, or controlled by Samsung Electronics.
Apple’s filing relies on the Hague Evidence Convention, which provides a way for courts to gather evidence from foreign organizations in civil or commercial matters.
Regular 9to5Mac readers may recall that the Hague Convention has already recently emerged in another Apple-related lawsuit.
Earlier this year, South Korea refused to comply with xAI’s request for documents from superapp developer Kakao, essentially saying the company’s demands were too broad.
Apple is now turning to that same approach, but with a more designed application focused on some Samsung records combined with smartphones, smart watches, and the Galaxy Store.
Apple says the Samsung documents can help clarify how competitive the smartphone and smartwatch markets actually are, how often users switch between platforms, and whether Apple’s policies have had anti-competitive effects alleged in the lawsuit.
The company spends a lot of time in the application justifying the size and the reasons behind it, probably hoping to show the US court and the South Korean authorities that the application is thinly constructed and tied to the substantive issues in the case.
In this document, Apple says:
A. The requested evidence is relevant to the Court
B. The Letter of Request is Reasonably Detailed and Designed
C. No Adequate Alternatives to Information
D. Withdrawal Advances US Interests and Does Not Undermine Korea’s Interests
Whether Apple’s plea will bear fruit remains to be seen. Even if the US court agrees, South Korean authorities will still have to decide whether to extradite us, and Samsung can still object under Korean law.
To read Apple’s full move, follow this link.
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