As is well known, in the US, Cupertino’s Apple was bitten in the spring of 2024 by the American Department of Justice intent on proving that Apple exploited its dominant position by creating conditions that make it harder for users to switch to other platforms or use alternative services.
Although many observers speculate that with Donald Trump the case might lose momentum (the company led by Tim Cook has committed to the White House to a 600 billion investment plan on American soil and Apple is also among the donors of the lavish ballroom the president gifted himself), the proceeding continues and is in fact characterized by a truly unexpected element: Samsung.
USING SAMSUNG TO PROVE APPLE’S NON-INVOLVEMENT
The strategy is simple but also risky: since the Antitrust intends to prove Apple’s alleged dominant position and its conduct aimed at locking users within its own services, thus not giving competitors a chance, Cupertino’s lawyers want to present in court market research, company reports, and internal documents of its main rival, South Korean Samsung, to refute the accusations of the American Department of Justice.
Most likely Apple hopes to prove that users, if they want, switch without any problem from iPhone to Samsung smartphones (but apparently the documents would also cover other types of devices, such as smartwatches) while if they stay, they do so not because of alleged obstacles imposed by Cupertino but due to a free and reasoned choice.
EASIER SAID THAN DONE…
In reality, Apple’s strategy, besides being marked by the uncertainty about the actual content of those documents (being internal, they should not be known to Cupertino), also presents significant procedural challenges since Samsung is located in South Korea and even with the approval of American authorities, the same clearance from the Asian counterparts will be required if the manufacturer called into question is not willing to cooperate.
