Apple Inc.’s antitrust battle with the US Department of Justice is drawing a growing number of technology companies into contentious legal proceedings, as Epic Games, Samsung Electronics, Oura and other businesses challenge demands for internal documents and commercially sensitive information.
The disagreements, detailed in recent federal court correspondence reviewed by 9to5Mac in a Nov. 6 report by Marcus Mendes, underscore the expanding scope of evidence gathering in a lawsuit that could reshape how Apple operates its iPhone ecosystem and App Store.
The disputes center on subpoenas issued by Apple and government prosecutors seeking information from companies whose businesses intersect with the iPhone maker’s products and services. Several recipients argue that the requests are overly broad, costly or threaten to expose confidential corporate information, according to 9to5Mac.
Samsung and Epic Challenge Apple’s Demands
Samsung Electronics America is among the companies resisting Apple’s efforts to broaden its access to internal corporate records.
According to 9to5Mac, Samsung has already agreed to searches involving documents held by two executives, producing nearly 900,000 records matching the agreed search criteria. Apple is seeking to expand that examination to six additional executives, including current and former leaders of Samsung’s US operations.
Apple also wants transcripts of testimony from Samsung executives involved in the Justice Department’s separate antitrust litigation against Google.
Another disagreement concerns whether Samsung’s US subsidiary should be required to provide records controlled by its South Korean parent company, raising questions about the reach of American legal discovery requirements.
Epic Games, the maker of Fortnite and a longtime Apple legal adversary, is challenging demands involving documents from three earlier lawsuits: its US and Australian litigation against Apple and its US case against Google.
Apple is also seeking extensive searches of internal records associated with three senior Epic executives, including its chief executive.
Epic argues that the demands would impose an excessive burden. The company has nevertheless offered to provide selected records, including Fortnite revenue and user information, agreements with Google and Samsung, and documents concerning Apple’s Core Technology Fee, 9to5Mac reported.
The conflict adds another dimension to the companies’ longstanding disagreements over Apple’s control of app distribution and developer payments.
Wearable Technology Companies Seek Confidentiality Protections
Apple’s document requests are also facing resistance from companies competing in the market for wearable devices.
Oura, the smart-ring manufacturer, is disputing whether Apple should cover the expense of reviewing more than 32,000 additional documents. The company is also seeking protections for information it considers commercially sensitive, including the ability to redact or withhold trade secrets.
Garmin, which competes in fitness tracking and wearable technology, has raised similar concerns about requests for confidential financial information and business strategy documents.
The disputes are particularly relevant because interoperability between the iPhone and competing wearable devices is among the issues underlying the government’s antitrust allegations.
Federal prosecutors contend that Apple’s restrictions can disadvantage competing products and make it more difficult for consumers to move between smartphone platforms. Apple rejects the allegations.
Roblox Faces Government Scrutiny Over App Store Rules
While many of the recent disagreements involve subpoenas issued by Apple, Roblox is challenging requests from the Justice Department and the states participating in the lawsuit.
According to 9to5Mac, government lawyers are seeking records concerning Roblox’s commercial relationship with Apple and the application of App Store policies to its platform.
Prosecutors argue that the information could help determine whether Apple enforces its developer guidelines consistently across different businesses.
The issue could become significant in assessing the government’s broader argument that Apple uses its control over the iPhone ecosystem to restrict competition.
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Other companies receiving subpoenas during the litigation include Meta Platforms, Snap, PayPal, Match Group, Ultrahuman and the Connectivity Standards Alliance. Google, Microsoft, JPMorgan Chase and Capital One also appear in legal documents associated with the proceedings, according to the report.
Gaming Company Raises Constitutional Objections
A separate dispute involves Playco, a Japan-based company specializing in games that can be played without conventional downloads.
Playco is resisting Apple’s demands for documents relating to its efforts to influence App Store policies, including lobbying and advocacy activities.
The company argues that compelling disclosure of those materials would infringe on its First Amendment rights. Its position references a 2021 court decision concerning similar requests Apple directed at Match Group, 9to5Mac reported.
The disagreement illustrates how the litigation’s evidence-gathering process is extending beyond technical and financial records into companies’ communications about public policy and regulatory matters.
Discovery Battles Continue Despite Settlement Discussions
The Justice Department, joined by 15 states and the District of Columbia, filed its antitrust lawsuit against Apple in March 2024.
The government alleges that the company has maintained unlawful control over the smartphone market through restrictions that limit competition, hinder compatibility with rival technologies and discourage consumers from switching devices.
Apple denies wrongdoing and is defending its business practices.
The legal proceedings have been accompanied by reports of possible settlement negotiations. Reuters reported in July, citing Bloomberg News, that Apple and the Justice Department were engaged in preliminary discussions about resolving the case, although no agreement was assured.
Meanwhile, disagreements over evidence continue to complicate preparations for the case.
Several companies involved in the latest subpoena disputes have requested until Nov. 11 to continue negotiations before formally notifying the court that discussions have reached an impasse, according to 9to5Mac.
Apple is also pursuing a separate effort to obtain documents from 14 US federal agencies. A court-appointed special master has twice supported Apple’s position, but implementation of the order remains suspended while the court considers a government appeal.
Source: 9to5Mac
