Court grants Apple’s request to seek documents from Samsung in DOJ antitrust case

The U.S. District Court for the District of New Jersey has approved Apple’s request for documents from Samsung in South Korea as part of its ongoing antitrust case against the Justice Department. Here are the details.

Apple may seek evidence from Samsung in South Korea

Last month, Apple decided to obtain internal Samsung data from South Korea as part of its ongoing antitrust fight with the U.S. government over alleged monopolistic practices.

In its request, Apple relied on the Hague Evidence Convention, which provides a mechanism for courts to collect evidence from foreign entities in civil or commercial cases.

According to Apple, Samsung is one of the most important third parties in this matter, given its direct competition in the areas of smartphones, smartwatches and application distribution. However, the company’s U.S. subsidiary said it would not produce documents held by its Korean parent company.

In response, the DOJ criticized the timing of Apple’s request, saying the company should not have waited nine months to file it.

The DOJ also argued that the Hague Convention procedure should not be used to prolong discovery or affect the trial schedule, and that Apple should bear the risk that some or all of the evidence from South Korea may not arrive on time if the court grants the company’s request.

Last Friday, the court granted Apple’s request, saying it “took into account the arguments of the parties” and adding that “good reasons” had been demonstrated.

Importantly, the fact that the court granted Apple’s request does not automatically mean that Samsung will have to produce the documents.

The request will now go through the Hague Convention process in South Korea, where local authorities will decide whether and how to implement it.

Even then, Samsung could still object or refuse to produce some or all of the records sought by Apple.

You can read the court’s decision below: