According to 9to5Mac, Apple is pursuing the acquisition of internal Samsung data from South Korea in its antitrust lawsuit against the US government.
In March 2024, the U.S. Department of Justice, along with several states, filed a lawsuit against Apple, accusing the company of restricting competition in the smartphone and related products and services sector through App Store rules, restrictions on developers, and control over core iPhone functions.
Apple’s application to dismiss the case was unsuccessful, and the litigation entered the discovery phase, in which the two parties exchanged documents, retrieved records, and collected evidence to support their respective claims.
What Samsung Data Means To Apple
Apple’s new application is based on this background. Previously, Samsung’s US subsidiary refused to provide the relevant records, claiming that the data was held only by its South Korean parent company. Therefore, Apple requested the court to issue a formal letter of assistance in the investigation so that it could obtain the documents from Samsung Electronics in South Korea.
Apple Inc. respectfully requests this Court to issue an accompanying letter of assistance in its investigation to Samsung Electronics Corporation, located in the Republic of Korea, pursuant to the Hague Convention of March 18, 1970, concerning the collection of civil or commercial evidence from abroad (hereinafter referred to as the “Hague Evidence Convention”). In the letter, Apple requests access to Samsung Electronics’ internal business reports, market analysis data, and related information concerning its smartphone, smartwatch, and App Store businesses. Apple has served a subpoena to Samsung Electronics’ U.S. subsidiary, Samsung Electronics America, Inc., but the company has refused all of Apple’s requests for document access, citing that the relevant documents are allegedly held, kept, or controlled solely by Samsung Electronics Corporation.
Apple’s application is based on the Hague Convention on the Collection of Evidence, which provides a legal means for courts in various countries to obtain evidence from foreign entities in civil or commercial cases.
It was noted that earlier this year, South Korea rejected xAI’s request to access documents from super app developer Kakao, arguing that the scope of the request was too broad.
Apple also used this mechanism this time, but the application was more targeted, focusing on specific records related to Samsung’s smartphones, smartwatches, and Galaxy App Store.
In fact, Apple devoted considerable space in its application to explaining the specific scope and rationale of its application, intending to demonstrate to the U.S. court and relevant South Korean authorities that the scope of its request was precisely defined and directly related to the core dispute in the case. Apple made the following claims in the application:
A. The evidence requested is crucial to the proceedings in this case.
B. The content of the letter requesting assistance in the investigation is specific, reasonable, and precise in scope.
C. There is no other feasible way to obtain such information.
D. Issuing this letter is in the interest of the United States and will not harm the interests of South Korea.
Whether Apple’s application will be successful remains uncertain. Even if the US court approves the application, the relevant South Korean authorities will still need to decide whether to enforce it, and Samsung can also file an objection under South Korean law.
