Apple: DOJ’s latest challenge in antitrust case ‘fails at every level’

The Department of Justice's latest attempt to overturn a recent court decision in Apple's antitrust case has been dismissed, according to Apple. Apple had secured the right to request documents from 14 US agencies in its defense against the DOJ's charges in March 2024. Apple argued that if it could demonstrate that the government chose its products for their privacy features, that evidence could support its claim that the practices the DOJ challenges are not inherently anticompetitive.

The DOJ appealed the decision, asking retired federal judge Jose Linares, the case's special discovery master, to reconsider. The DOJ argued that Judge Linares incorrectly treated the agencies as parties instead of non-parties with more protection from discovery. They also claimed Apple's requests would burden the agencies and that the documents have limited relevance as they are not "ordinary consumers."

However, Apple refuted every point made by the DOJ, citing previous cases in support of the special master's decision. Apple also pointed out that the DOJ's new evidence was always available and did not establish an undue burden. With Judge Linares set to make a decision by August 4, Apple now waits for his ruling on whether to uphold his original discovery order or grant the DOJ's request to reconsider.