Apple has sought to acquire internal data from Samsung in South Korea as part of its ongoing antitrust battle with the U.S. government regarding alleged monopolistic practices. Here are the specifics.
### Apple Requests Documents from Samsung in South Korea
In March 2024, the U.S. Department of Justice, along with a coalition of states, filed a lawsuit against Apple, alleging that it leverages App Store policies, developer constraints, and control over crucial iPhone functionalities to restrict competition in the smartphone and related markets.
Following Apple’s unsuccessful effort to dismiss the case, it has entered the discovery phase, during which both parties exchange documentation, request records, and compile evidence to bolster their positions.
This context informs Apple’s recent submission, where it requests the court to issue a formal letter of request, enabling it to pursue documents from Samsung Electronics in South Korea, after Samsung’s U.S. subsidiary declined to provide records claimed to be solely maintained 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 submission is based on the Hague Evidence Convention, providing a procedure for courts to gather evidence from international entities in civil or commercial matters.
Regular readers of 9to5Mac might recall that the Hague Convention was mentioned earlier this year in another case involving Apple.
This year, South Korea declined to fulfill xAI’s document request from superapp developer Kakao, indicating that the demands were excessively broad.
Apple is now utilizing the same framework, although with a more refined request centered on particular Samsung documents related to smartphones, smartwatches, and the Galaxy Store.
Indeed, Apple dedicates a significant portion of its filing to detailing the precise scope and justification behind it, presumably aiming to demonstrate to both the U.S. court and South Korean authorities that the request is specifically targeted and connected to critical issues in the case. In the filing, Apple contends 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**
It remains to be seen whether Apple’s request will yield positive results. Even if granted by the U.S. court, South Korean authorities must still decide on its execution, and Samsung could raise objections based on Korean law.
To access Apple’s full motion, follow this link.
