In its antitrust lawsuit against the U.S. government, Apple is seeking to obtain internal data from Samsung in South Korea.
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 subsequent appeal to dismiss the case was unsuccessful, and the litigation entered the discovery phase, where both parties exchange documents, retrieve records, and collect evidence to support their respective claims.
Apple’s new application is based on this background. Previously, Samsung’s U.S. subsidiary refused to provide 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 to obtain documents from Samsung Electronics in South Korea.
Apple Inc. respectfully requests this Court, 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”), to issue an accompanying letter of assistance in an investigation to Samsung Electronics Corporation, located in the Republic of Korea. 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.
Earlier this year, South Korea rejected xAI’s application to obtain documents from super app developer Kakao, arguing that the scope of the request was too broad.
Apple is using the same mechanism again, but its application is more targeted, focusing on specific records related to Samsung’s smartphones, smartwatches, and the Galaxy App Store.
In fact, Apple devoted considerable space in its application to explaining the specific scope and rationale of its request, aiming to demonstrate to the US court and relevant South Korean authorities that the scope of the request is precisely defined and directly related to the core disputes in the case. Apple’s claims in the application are as follows:
A. The requested evidence is crucial to the litigation.
B. The letter of assistance is specific, reasonable, and precise in scope.
C. There are no other feasible means to obtain such information.
D. Issuing the letter is in the US interest and will not harm South Korean interests.
The success of Apple’s application remains uncertain. Even if the US court approves the application, the relevant South Korean authorities still need to decide whether to implement it, and Samsung can also raise objections under South Korean law.
About The Author
