Justice Department Case Will Hang Over Apple for Years
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Apple has argued in court that the Justice Department's case against it is without merit, while the Justice Department is demanding that it prove that in court.
As expected, Apple filed the case in U.S. District Court before Judge Julien Niles in Newark, New Jersey on Wednesday, November 21, 2024. The company's lawyers are seeking to dismiss the antitrust charges it has consistently denied since the Department of Justice (DOJ) filed them in March 2024.
Now, according to Bloomberg, both sides have presented their arguments on whether to proceed with the case. Apple attorney Devora Allon said:
“The fundamental problem with the government’s allegations is that they fail to include facts that connect the impugned conduct to any harm to smartphone users. The government’s theory of harm really boils down to assumptions about what smartphone developers [and consumers will do in response to the alleged conduct].”
In response, Justice Department attorney Jonathan Lasken said the Justice Department is concerned about how Apple treats its competitors:
“Apple is suing on a sham complaint based on nonexistent legal rights. Apple can compete on its own merits. What Apple can’t do is use a monopoly to prevent others from competing. If you use [a baseball bat] to smash your neighbor’s window, that becomes illegal.”
What Happens Next
The hearing lasted three hours, and afterward, Judge Niles said of Apple, “Counsel answered virtually all of my questions.”
“We're going to work really hard to get you a decision by January,” the judge continued.
The Justice Department is in an easier position than Apple — it only has to convince a federal judge that its case is plausible enough to go to trial. Apple must convince him that the case has no merit.
Apple has a strong argument because it no longer engages in any of the monopolistic practices it's accused of. The Justice Department's case is weak enough that Apple is almost certain to win — eventually.
However, at this point, due to the Justice Department’s lower threshold for continuing the lawsuit, it is unlikely that it will be dismissed. This is perhaps especially true since the case against Apple is being brought by multiple US states, as well as the Justice Department.
If it is dismissed, the decision will likely be appealed. So, while January 2025 is only a few weeks away, there is a chance that this case will continue for several years.
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