Court Grants Apple Request for Samsung Documents in DOJ Antitrust Case

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

Last month, Apple moved to obtain internal Samsung data from South Korea in its ongoing antitrust fight with the U.S. government over alleged monopoly practices. In its request, Apple relied on the Hague Evidence Convention, which provides a mechanism for courts to gather evidence from foreign entities in civil or commercial matters.

According to Apple, Samsung is one of the most relevant third parties in the case, given its direct competition across smartphones, smartwatches, and app distribution. However, the company’s U.S. subsidiary said it would not produce records held by its Korean parent company.

The DOJ criticized the timing of Apple’s request, saying the company shouldn’t have waited nine months to file it. The DOJ also argued that the Hague Convention process should not be used to extend 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 in time if the court granted the company’s request.

Last Friday, the court granted Apple’s request, saying it “considered the submissions of the parties,” and adding that “good cause” had been shown.

Importantly, the fact that the court has granted Apple’s request doesn’t automatically mean that Samsung will have to produce the documents. Rather, the request will now move through the Hague Convention process in South Korea, where local authorities will decide whether and how to execute it. Even then, Samsung could still object or otherwise refuse to produce some or all of the records Apple is seeking.