Apple fights to keep DOJ antitrust suit from reaching trial

Apple urged a national justice to disregard the Department of Justice’s antitrust lawsuit against it, saying the government’s ailment includes speculative arguments and the authorities doesn’t plausibly reason it has monopoly power.

“The tribunal is allowed to usage communal sense,” countered DOJ counsel Jonathan Lasken astatine a proceeding successful New Jersey connected Wednesday. “We’re present contiguous based connected the thought that it’s not plausible that [Apple] has monopoly power, but alternatively is astatine the mercy of expected planetary behemoths who are a fraction of its size.”

The authorities and much than a twelve states sued Apple earlier this twelvemonth for maintaining an amerciable monopoly successful the smartphone market, yet driving up prices and locking consumers into its ecosystem. It pointed to 5 examples of its alleged anticompetitive conduct, including degrading connection prime betwixt iPhones and Android phones and limiting third-party smartwatch functionality with the iPhone.

Apple has argued the lawsuit against it is overly speculative and amounts to a “judicial redesign” of the iPhone. It’s sought to downplay its ain influence, saying the authorities doesn’t allege a ample capable smartphone marketplace stock to adhd up to monopoly power. It characterizes the third-party developers who assertion they’ve been harmed arsenic “well-capitalized societal media companies, large banks, and planetary gaming developers.”

US District Court Judge Julien Xavier Neals volition present person to determine whether the DOJ’s lawsuit against Apple tin proceed to a proceedings successful its existent form, oregon whether immoderate — oregon each — claims should beryllium thrown out. He said helium hopes to marque that determination by January, according to Bloomberg.

The wildcard, of course, is that a caller medication volition soon instrumentality over, with President-elect Donald Trump’s DOJ continuing the lawsuit argued by the bureau nether President Joe Biden. But Trump and apt members of his medication person dubbed “Big Tech” a persistent enemy, and Trump’s DOJ brought suits against different tech companies successful his archetypal word — truthful Apple apt can’t number connected a reprieve.