Apple seeks records from Samsung in South Korea in antitrust case

Apple has moved to obtain internal Samsung data from South Korea in its ongoing antitrust fight with the U.S. government over alleged monopoly practices. Here are the details.

Apple seeks documents from Samsung in South Korea

In March 2024, the U.S. Department of Justice and a group of states sued Apple, accusing it of using App Store rules, developer restrictions, and control over key iPhone features 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 moved into the discovery phase, which is when both sides exchange documents, request records, and gather evidence to support their arguments.

That is precisely the context of Apple’s new filing, asking the court to issue a formal letter of request, so it can seek documents from Samsung Electronics in South Korea, after Samsung’s U.S. subsidiary refused to produce records it says are held only by the Korean parent company:

Apple Inc. (“Apple”) respectfully requests that this Court issue the accompanying Letter of Request under the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague Evidence Convention”) to Samsung Electronics Co., Ltd. (“Samsung Electronics”) in the Republic of Korea. Apple’s Letter of Request seeks internal business reports, market analyses, and data regarding Samsung’s smartphone, smartwatch, and app store businesses. Apple has already subpoenaed Samsung Electronics’ domestic subsidiary, Samsung Electronics America, Inc. (“Samsung America” or “SEA”), but Samsung America has objected to all of Apple’s document requests on the basis that it will not produce documents purportedly in the sole possession, custody, or control of Samsung Electronics.

Apple’s filing relies on the Hague Evidence Convention, which provides a mechanism for courts to gather evidence from foreign entities in civil or commercial matters.

Frequent 9to5Mac readers may remember that the Hague Convention already came up recently in another Apple-related case.

Earlier this year, South Korea refused to execute 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 mechanism, but with a more tailored request focused on specific Samsung records tied to smartphones, smartwatches, and the Galaxy Store.

Apple claims that these Samsung documents could help 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.

The company spends much of the filing justifying the exact scope and reasoning behind it, likely hoping to show both the U.S. court and South Korean authorities that the request is narrowly tailored and tied to concrete issues in the case.

In the document, Apple argues that:

A. The Requested Evidence Is Important To The Litigation

B. The Letter Of Request Is Reasonably Specific And Tailored

C. No Adequate Alternative Means Exist To Obtain The Information

D. Issuance Promotes U.S. Interests And Does Not Undermine Korea’s Interests

Whether Apple’s request will prove fruitful remains to be seen. Even if the U.S. court grants it, South Korean authorities would still have to decide whether to execute it, and Samsung could still raise objections under Korean law.

To read Apple’s full motion, follow this link.

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