Analysts mostly nonplussed by DoJ suit, and believe Apple will win

Posted:
in AAPL Investors edited March 22

With the earliest possible trial date start likely in late 2026, analysts are generally nonplussed by the Department of Justice omnibus antitrust suit and are telling investors to stick with Apple.

The Department of Justice case will hang over Apple for years
The Department of Justice case will hang over Apple for years



The Department of Justice suing Apple has made headlines around the world, with initial reports all emphasizing the accusations. Beyond the first news reports, though, the news cycle has moved on to analyzing the details.

As you'd expect, in notes seen by AppleInsider and in interviews on television, stock analysts and investment firms have been examining the allegations. They are mostly coming to the same conclusions.

Gene Munster



Analyst Gene Munster says that he believes the DoJ is really targeting Apple's Services division, which he describes as the juiciest part of the company's profits.

Munster points out that Apple is far from the first firm to be sued by the DoJ, which he says is doing its job of working to keep large companies in check. But ultimately he thinks this particular case will come to little.

That's partly because any regulation of large companies is difficult. However, it's also because despite the DoJ treating Apple as a bad actor forcing people to buy its products, the truth is that users are happy with Apple's devices.

JP Morgan



Investment firm JP Morgan says that the DoJ's suing Apple is hardly unexpected, but that the scope of the suit was surprising. Attacking Apple on so many fronts means that it will take more company effort to refute the accusations, and it will hang over its work for years.

Then having a very broad attack on Apple's businesses, also means that a clear result is unlikely to be quick. JP Morgan analysts are now cautioning investors that any outcome is at least three years away.

They also argue that in the shorter term, the focus for investors should be on Apple's AI-led upgrade cycle.

TD Cowen



TD Cowen thinks a trial may not begin until the second half of 2026, based on how long similar cases have taken against Amazon and Google. In this case, it thinks that the impact of any future regulations on Apple will be minor, but in the short term, investors selling stock could be more of an issue.

"At this juncture, the lawsuit does not appear to represent an existential threat to AAPL in the same vein as historic... cases," say the TD Cowen analysts in a note seen by AppleInsider, "though investor concerns over LT impairments or share loss for the high margin services business could be a headwind for the stock."

Ritholtz's Josh Brown



"It's really tough to prove true consumer harm," Josh Brown of investment firm Ritholtz, said on CNBC. "Nobody has a gun to their head to choose Apple over Android... it's consumer preference and they continually signal that they're happy and they want more."

Brown also expects the case to take two or three years. Despite that, he doesn't foresee it causing Apple much difficulty -- and says he has no intention of selling Apple stock because of this case.

Satori Fund



Satori Fund's Dan Niles says that he expects that the drop in shares after the announcement will be followed immediately by a rise as investors heed advice to stick with Apple. This drop and rise will be enough that Niles believes share owners could benefit from shorting Apple.

Overall, Niles says that selling stock because of the DoJ case is nonsense, because it will take years before there is any conclusion.

He does, though, argue that there are other reasons to sell. He says those include how Apple has already lost a suit against Epic in Europe, and that App Store rates have come down.

Clockwise Capital



James Cakmak, partner and portfolio manager at Clockwise Capital, is similarly critical of Apple but agrees that the DoJ case is not going to hurt the company.

Cakmak expects that eventually Apple will have to pay a fine, and that it will be a sum in the billions. However, he sees that as a non-issue, given Apple's profitability.

He does think that the ongoing case could prove to be a drag on Apple's growth, but he says that the firm is already facing growth challenges.

Jim Cramer on CNBC



"Mad Money" presenter Jim Cramer reported that investors selling sales meant that Apple's stock went down just over 4% after the DoJ's announcement. However, he then shredded the DoJ's suit.

"I just got a whole brand spanking new reason to buy Apple, don't trade it," he said. "I know a loser case when I see one, and the United States of America versus Apple is a loser."

On Friday morning's show, Cramer continued his tirade against the suit, focusing on the DoJ's strange performance smartphone market segment focus.

What happens next?



As yet, there no timescale has been announced for the next steps in the process. However, Apple is likely to start by seeking a dismissal of the DoJ's case.

In the meantime, investors themselves aren't so convinced. Shares dropped 4.1% on the initial news of the lawsuit. That means Apple valuation dropped by about $113 billion.

There are signs that Dan Niles's prediction that the stock would recover will be correct, though. A day after the announcement, Apple's shares are back up 0.6% in pre-market trading on Friday morning.



Read on AppleInsider

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Comments

  • Reply 1 of 60
    Like it or not, this will hurt the Biden administration more than Apple.

    Why?

    Trump can run ads and have talking points like “Now Joe Biden wants to take away your gas stove, your reliable gas-powered car AND your iPhone!"
    williamlondonjas99jimh2badmonk40domijbdragonwatto_cobra
  • Reply 2 of 60
    red oakred oak Posts: 1,089member
    Amazon’s antitrust trial stats Oct 2026.   Real possibility Apple’s does not start until 2027 -  3 years from now.    Plus year in appeal process.   Ultimately to Supreme Court if necessary.   This will be a 4-5 year journey 

    In meantime, Apple is already or will move forward addressing the “Top 5” issues the DOJ put in their filing,


    1 -  Messaging.   Already announced will roll out of RCS.  And, the encryption standard when ready
    2 -  Cloud Gaming.  I believe Apple already announced support
    3 -  NFC.  Apple can easily allow 3rd party access to NFC, like it just did in EU.  All the plumbing is already built
    4 - Smart Watches.  Apple can easily create some new APIs that allow 3rd party watches more access to iPhone  
    5 - “Super Apps” -  Not sure what this means.  But Meta is trying to do this anyway 
    AppleZuluteejay2012aderutterbadmonkssfe1140domijbdragonwatto_cobra
  • Reply 3 of 60
    Fred257Fred257 Posts: 237member
    Look, Apple is in the wrong here.  They will be found guilty if this goes to trial. Instead, Apple will slowly open up their ecosystem, just watch… IWatches will soon be available on Android. Third party app stores will be available (in very limited ways) in a couple years before trial.  Consumers will have more options to customize iOS to their liking.  It will be a win for both Apple and consumers. Why? Because I have kept up on a daily basis with Apple News and innovation since 1997 on a daily basis.  The only time we had massive amounts of software innovation is n the iPhone was when you could jailbreak your phone.  After Apple has closed off this with encryption software innovation has almost come to a screeching halt. 
    nubuswilliamlondonlarryaVictorMortimer
  • Reply 4 of 60
    blastdoorblastdoor Posts: 3,307member
    Fred257 said:
    Look, Apple is in the wrong here.  They will be found guilty if this goes to trial. Instead, Apple will slowly open up their ecosystem, just watch… IWatches will soon be available on Android. Third party app stores will be available (in very limited ways) in a couple years before trial.  Consumers will have more options to customize iOS to their liking.  It will be a win for both Apple and consumers. Why? Because I have kept up on a daily basis with Apple News and innovation since 1997 on a daily basis.  The only time we had massive amounts of software innovation is n the iPhone was when you could jailbreak your phone.  After Apple has closed off this with encryption software innovation has almost come to a screeching halt. 
    Look, for Apple to be "in the wrong," they have to both (1) be a monopoly and (2) engage in anti-competitive practices that hurt consumers

    A company with less than 50 percent marketshare is almost never regarded as a monopoly Over 70 percent, they often are. In between is a grey zone. 

    So where is Apple? In terms of smartphone sales in the US, they are under 50 percent. In terms of installed base of smartphones they are *barely* over 50 percent. Other firms might not like how Apple treats them, but customer satisfaction is sky high. 

    Taking all of that together, I think the DOJ is skating on thin ice and doing political damage to the administration. I think there's a good chance they will mostly lose this case while undermining the credibility of DOJ anti-trust efforts and help to bring an end to American democracy (in so far as this discourages people from voting for Biden). 

    What they *should* have done is just go after the Google-Apple search deal. Between the two of them, Google and Apple are dupolists and that search deal is clearly anticompetitive. 
    danoxruethtwilliamlondonjas99badmonkfreeassociate2ssfe1140domijbdragon
  • Reply 5 of 60
    AppleZuluAppleZulu Posts: 2,011member
    Fred257 said:
    Look, Apple is in the wrong here.  They will be found guilty if this goes to trial. Instead, Apple will slowly open up their ecosystem, just watch… IWatches will soon be available on Android. Third party app stores will be available (in very limited ways) in a couple years before trial.  Consumers will have more options to customize iOS to their liking.  It will be a win for both Apple and consumers. Why? Because I have kept up on a daily basis with Apple News and innovation since 1997 on a daily basis.  The only time we had massive amounts of software innovation is n the iPhone was when you could jailbreak your phone.  After Apple has closed off this with encryption software innovation has almost come to a screeching halt. 
    Not sure what you’re smoking, but Apple Watches will never be available on Android. That doesn’t even make any sense. Likewise, your comment on third-party app stores. The DOJ’s suit isn’t about either of those things, so Apple won’t be reacting to imaginary issues beyond the lawsuit. 

    The fact is that the DOJ is only pursuing things at the edges of Apple’s business. If the timeline of 2026 or 2027 for a trial holds, Apple will have the time and ability to make minor changes to the actual things DOJ raised at the edges of its business that will render much of the DOJ case moot. Chances are that by 2026, much of this will be settled out of court, dropped by DOJ or dismissed by the court before any trial starts. 
    RonnyDaddyruewilliamlondonjas99iOS_Guy80ssfe11ronn40domijbdragonwatto_cobra
  • Reply 6 of 60
    KumingaKuminga Posts: 32member
    You don’t have to be an investment professional like me to see this is an outdated, idiotic indictment based on years old complaints from mainly Epic games 
    edited March 22 danoxrueaderutterjas99badmonkiOS_Guy80freeassociate2ssfe11ronn40domi
  • Reply 7 of 60
    KumingaKuminga Posts: 32member
    I work for an investment firm as a back end researcher and by yesterday afternoon , my bosses  were basically laughing at this outdated and idiotic indictment and the fact that the actual attorney general was made to stand there and read these outdated charges .


    edited March 22 jas99badmonkiOS_Guy80ssfe11ronn40domijbdragonwatto_cobra
  • Reply 8 of 60
    danoxdanox Posts: 2,874member
    blastdoor said:
    Fred257 said:
    Look, Apple is in the wrong here.  They will be found guilty if this goes to trial. Instead, Apple will slowly open up their ecosystem, just watch… IWatches will soon be available on Android. Third party app stores will be available (in very limited ways) in a couple years before trial.  Consumers will have more options to customize iOS to their liking.  It will be a win for both Apple and consumers. Why? Because I have kept up on a daily basis with Apple News and innovation since 1997 on a daily basis.  The only time we had massive amounts of software innovation is n the iPhone was when you could jailbreak your phone.  After Apple has closed off this with encryption software innovation has almost come to a screeching halt. 
    Look, for Apple to be "in the wrong," they have to both (1) be a monopoly and (2) engage in anti-competitive practices that hurt consumers

    A company with less than 50 percent marketshare is almost never regarded as a monopoly Over 70 percent, they often are. In between is a grey zone. 

    So where is Apple? In terms of smartphone sales in the US, they are under 50 percent. In terms of installed base of smartphones they are *barely* over 50 percent. Other firms might not like how Apple treats them, but customer satisfaction is sky high. 

    Taking all of that together, I think the DOJ is skating on thin ice and doing political damage to the administration. I think there's a good chance they will mostly lose this case while undermining the credibility of DOJ anti-trust efforts and help to bring an end to American democracy (in so far as this discourages people from voting for Biden). 

    What they *should* have done is just go after the Google-Apple search deal. Between the two of them, Google and Apple are dupolists and that search deal is clearly anticompetitive. 
    Your last point about the Google-Apple search deal is right on I have never like that deal Apple/Google are in the wrong on that and the Justice Dept. should have looked to eliminate such a sleazy behind the scene deal.
    edited March 22 williamlondonronnjbdragon
  • Reply 9 of 60
    ruerue Posts: 9member
    Had the duplicitous Spotify and Epic Games developed, designed, and produced their own phones and built out their own platform, this would not be happening. However, they want to squat on the platform Apple built, a platform that is very popular with its users. 
    retrogustowilliamlondonjas99badmonkssfe11ronn40domijbdragon
  • Reply 10 of 60
    As a Brit, I’m amazed how DOJ go after one of their own. As in a US company that’s one of the biggest in the world, their business practises are no worse or better than many others. Tell me a company that doesn’t try and get as much revenue as they can. 
    aderutterwilliamlondonjas99ssfe1140domijbdragonwatto_cobra
  • Reply 11 of 60
    Kuminga said:
    I work for an investment firm as a back end researcher and by yesterday afternoon , my bosses  were basically laughing at this outdated and idiotic indictment and the fact that the actual attorney general was made to stand there and read these outdated charges .



    I think Garland organized the show. It was intended to show that he can actually do something. I have my doubts for this case and for Garland's ability to win any case. It seems all the smart lawyers went to work for Samsung LOL.
    jas99badmonkiOS_Guy80ssfe1140domiwatto_cobra
  • Reply 12 of 60
    Are any of these people antitrust lawyers? Or just people who recommend stocks?
    williamlondonjas99badmonklarryatenthousandthingsVictorMortimerwatto_cobra
  • Reply 13 of 60
    nubusnubus Posts: 386member
    Kuminga said:
    I work for an investment firm as a back end researcher and by yesterday afternoon , my bosses  were basically laughing at this outdated and idiotic indictment and the fact that the actual attorney general was made to stand there and read these outdated charges .
    Your bosses should look at the Microsoft stock from 1995 to 2014. Antitrust cases don't help investors.
    williamlondonVictorMortimerwatto_cobra
  • Reply 14 of 60
    KumingaKuminga Posts: 32member
    Fred257 said:
    Look, Apple is in the wrong here.  They will be found guilty if this goes to trial. Instead, Apple will slowly open up their ecosystem, just watch… IWatches will soon be available on Android. Third party app stores will be available (in very limited ways) in a couple years before trial.  Consumers will have more options to customize iOS to their liking.  It will be a win for both Apple and consumers. Why? Because I have kept up on a daily basis with Apple News and innovation since 1997 on a daily basis.  The only time we had massive amounts of software innovation is n the iPhone was when you could jailbreak your phone.  After Apple has closed off this with encryption software innovation has almost come to a screeching halt. 
    Jail Breaking was for less than .01 percent of Apple customers and the only innovation that came from it is Apple learned and stepped up its security to stop Apps Cydia eventually .

    Apple will be able to show most of their customers are happy with Apples closed Eco system and people like you are the extreme minority. 

    This case has no chance of going to trial with these outdated charges. Apple is the one company with the resources to take down this incompetent DOJ quite honestly 
    williamlondonjas99badmonkssfe11ronn40domijbdragonwatto_cobra
  • Reply 15 of 60
    KumingaKuminga Posts: 32member
    edited March 22 ssfe11watto_cobra
  • Reply 16 of 60
    KumingaKuminga Posts: 32member
    More commentary on CNBC from George Mason Law Professor

    ” This DOJ case makes no sense”

    https://youtu.be/JeOr_jEq4_g?si=EigJ6S1dqNHQ84SU
    aderutterssfe1140domiwatto_cobra
  • Reply 17 of 60
    miiwtwomiiwtwo Posts: 44member
    of course, they need apple's money  B)

    seriously, apple gonna lose,
    williamlondon
  • Reply 18 of 60
    cpsrocpsro Posts: 3,200member
    Looking forward to WWDC, where Apple will provide more reasons people choose Apple over the competition.
    danoxwilliamlondonbadmonkssfe1140domiwatto_cobra
  • Reply 19 of 60
    cpsrocpsro Posts: 3,200member
    DoJ is just upset Apple keeps closing all the backdoors and no more good ones remain.
    williamlondonbadmonkssfe1140domijbdragonwatto_cobra
  • Reply 20 of 60
    Fred257 said:
    IWatches will soon be available on Android. 
    Because I have kept up on a daily basis with Apple News and innovation since 1997 on a daily basis.
    Apple Watch will never be available on Android.  On the other hand, “IWatches” might — whatever the hell those are.

    You sound like you’ve become a real expert on “Apple News”, on a daily basis.
    ihatescreennameswilliamlondoniOS_Guy80radarthekatronn40domijbdragonwatto_cobra
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