Apple heads to court to try to get massive & vague DOJ antitrust suit dismissed

AppleInsider

Apple will today present its case for why the Department of Justice's mammoth lawsuit against the iPhone maker is entirely without merit -- and prosecutors will repeat their accusations.

The Department of Justice case will hang over Apple for years

The Department of Justice (DOJ), together with multiple states, is accusing Apple of monopolistic practices, over the iPhone, the App Store, and most of the company's business. Following the start of that case in March 2024, Apple filed a motion to dismiss in August.

Now according to Reuters, Apple will today ask US District Judge Julien Neals in Newark, New Jersey, to dismiss the case. Central to Apple's case is its claim that being forced to share its technology with rivals would end innovation.

At the same time, lawyers for the DOJ will present its arguments for why the case should proceed. The DOJ's case has many parts, but as one example, it is accusing Apple of forcing people to buy iPhones in order to take part in Messages conversations.

This one accusation is illustrative of the whole DOJ case because it is nonsense. No doubt Apple knew this was going to be an accusation, but before the DOJ filed it, support for RCS on iPhone was announced.

So whatever the impetus really was, Apple is literally and unquestionably not doing what it is accused of. Similarly, the DOJ says Apple denies rivals access to its NFC technology in the iPhone -- and it does not.

This is not a question of favoring Apple, or giving it the benefit of doubt, it is straight fact. There is no element of the DOJ's case that correctly accuses Apple of something that it is doing now.

Consequently, if the case is intended to stop Apple doing various antitrust things, it worked before it was even filed.

This should in theory mean that Apple's motion to dismiss should be granted. But this is not Apple versus a rival, it is Apple versus a bipartisan case brought by a federal agency, and multiple states.

It is extremely unlikely that the case will be dismissed. It is equally extremely unlikely that the DOJ can win, but the case isn't going to end today, it is going to run for years.



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foregoneconclusion

What the DOJ has to prove:
A. That Apple does have monopoly control.
B. That Apple has used that monopoly control to harm the overall market.

paisleydisco

" but the case isn't going to end today, it is going to run for years."

when drumpf's department takes over there will be a shake down for $

it's all he knows. 

kellie

paisleydisco said:

" but the case isn't going to end today, it is going to run for years."

when drumpf's department takes over there will be a shake down for $

it's all he knows. 

Could you leave politics and your hatred for Trump out of this?  This suit was initiated during the Biden administration, so it’s really got nothing to do with Trump.  The government is designed for shake downs.  Be it a parking ticket, taxes or something more serious.  It’s got nothing to do with who’s president. 

gatorguy

It's already been announced that the incoming administration is planning to take a hard-nosed approach to big tech, and reportedly happy with Lina Khan's efforts so far. Perhaps with enough bended knee the worst of it can be avoided by Apple, Google, MS, and Amazon, all home-grown US corporations. IMO the ones he decides are friends will be fine, but the others need to watch out.

I don't expect an even playing field, but happy to be surprised. 

9secondkox2

The DOJ only did this because Europe emboldened them. Hey, free money everyone! 

The first time we ran into this was with iBooks with a DOJ that was nearly as bad. Remember that Bromwich guy that apple was forced to pay $1000/hour just to babysit them and make sure they didn’t break the fake rules? 

More recently they’ve been after Apple’s entire services business model. 

But the times are changing. Hopefully Apple gets actual fair treatment this time around, hopefully with some clarifications added that ensure this malfeasance can’t happen again. 

Cesar Battistini Maziero

gatorguy said:

It's already been announced that the incoming administration is planning to take a hard-nosed approach to big tech, and reportedly happy with Lina Khan's efforts so far. Perhaps with enough bended knee the worst of it can be avoided by Apple, Google, MS, and Amazon, all home-grown US corporations. IMO the ones he decides are friends will be fine, but the others need to watch out.

I don't expect an even playing field, but happy to be surprised. 

You will be surprised. 

They are going to just stop getting in the way of companies. These kinds of regulation don't benefit the consumer.

hmlongco

Cesar Battistini Maziero said:

They are going to just stop getting in the way of companies. These kinds of regulation don't benefit the consumer.

Yep, we're much better off when we can be subjected to unnecessary fees and penalties, gouged on price once completion is eliminated, refused insurance claims after paying skyrocketing rates, and on and on.

Unbridled capitalism benefits no one... unless you're the oligarch at the top of the food chain.  

jfabula1

kellie said:

paisleydisco said:

" but the case isn't going to end today, it is going to run for years."

when drumpf's department takes over there will be a shake down for $

it's all he knows. 

Could you leave politics and your hatred for Trump out of this?  This suit was initiated during the Biden administration, so it’s really got nothing to do with Trump.  The government is designed for shake downs.  Be it a parking ticket, taxes or something more serious.  It’s got nothing to do with who’s president. 

Agreed…..go look at yourself in a mirror. No politics and religion please, thank you.

bythenumbers918

The next DOT lawsuit should go after Ford for having a monopoly on Ford Engines and only putting them in Ford cars.
Tired of my friends bragging about their Ford engines while I have a Chevy. I need to put a Ford engine in my Chevy.

/s