Apple has moved to obtain Samsung’s internal data from South Korea as part of its ongoing antitrust battle with the US government over alleged monopolistic practices. Here are the details.
Apple seeks documents from Samsung in South Korea
In March 2024, the US Department of Justice and a group of states He sued Appleaccusing 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, after Apple failed attempt to dismiss, the case has moved into the discovery phase, which means both sides exchange documents, request records, and gather evidence to support their arguments.
This is precisely the context of Apple new documentationSamsung’s US subsidiary has asked a court to issue a formal demand letter so it can request documents from Samsung Electronics in South Korea after it refused to produce records it claims belong only to its Korean parent company:
Apple Inc. (“Apple”) respectfully requests that this Court issue the accompanying Letter of Request to Samsung Electronics Co., Ltd. (“Samsung Electronics”) in the Republic of Korea pursuant to the Hague Convention of March 18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (“The Hague Evidence Convention”). Apple’s Letter of Inquiry seeks internal business reports, market analysis and information related to Samsung’s smartphone, smartwatch and app store businesses. Apple has already subpoenaed Samsung Electronics America, Inc. (“Samsung America” or “SEA”), a domestic subsidiary of Samsung Electronics, but Samsung America has objected to all of Apple’s document requests on the grounds that it would not produce documents allegedly under the sole ownership, custody or control of Samsung Electronics.
Apple’s appeal is based 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 has already been adopted recently Another event related to Apple.
Earlier this year South Korea refused to comply with the request of xAI super software developer for Kakao’s documents, essentially saying that the company’s requirements are too broad.
Apple is now resorting to the same mechanism, but with a more tailored demand targeting smartphones, smartwatches and specific Samsung records associated with the Galaxy Store.
Apple claims that these Samsung documents could help clarify how competitive the smartphone and smartwatch markets really are, how often users switch between platforms, and whether Apple’s policies have the anti-competitive effects alleged in the lawsuit.
The company spends much of the filing justifying its precise scope and reasoning behind it, presumably hoping to show both the US court and South Korean authorities that the request is narrowly tailored and tied to the specific issues in the case.
In the document, Apple claims:
A. The evidence sought is essential to the trial
B. The Request Letter Is Reasonably Specific and Appropriate
C. No adequate alternative means of obtaining information is available
D. Release Promotes US Interests and Does Not Harm Korea’s Interests
It remains to be seen whether Apple’s request will be fruitful. Even if a US court grants it, South Korean authorities will still have to decide whether to enforce it, and Samsung could still challenge it under Korean law.
To read Apple’s full action, follow this link.
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