Apple Reacts Strongly to Department of Justice Antitrust Case and Calls for Immediate Fire – PassionateGeekz

Apple Park

Apple’s motion to dismiss the Department of Justice’s (DOJ) antitrust allegations must begin with a maximum three-page pre-motion letter setting out arguments for relief. Apple filed this brief today with U.S. District Judge Julien Neals, arguing that “the case goes far beyond the outer limits of antitrust law.”

According to Apple, the Justice Department brought the antitrust case under Section 2 of the Sherman Act and that it can only “dismiss the pleadings” if three specific allegations are shown to have merit. The Justice Department, Apple argues, must show that the company:

• Monopoly power in the relevant market
• He committed anti-competitive behavior
• This had anti-competitive effects

“This complaint fails on all three fronts,” Apple’s letter continues. “The Supreme Court has repeatedly held that the type of conduct at the heart of this case – namely, Apple’s decisions about how and whether to grant third parties access to its platform – does not legally give rise to Section 2 liability.”

Apple then claims that the Justice Department accused it of imposing restrictions that it then failed to show had anticompetitive effects. Apple “faces fierce competition from established rivals” and does not have “the market share necessary to establish or infer market power.”

Therefore, Apple is asking the court to dismiss the case. But accusing the Justice Department of trying to change antitrust law also goes further. “This Court,” it says, “should reject the invitation to create a new theory of antitrust liability that no court has recognized.”

Apple’s submission of a pre-application letter begins the process, which will result in a response from the Justice Department by the end of the month. Judge Neals may then call a conference with both parties.

All next steps are up to Judge Neals, but assuming Apple can file a full motion to dismiss the judgment, it likely won’t happen until mid-June. The Department of Justice will then resubmit the objection request, and Apple will be able to respond to it.

If the case progresses this far and the judge refuses to dismiss it, a trial will likely be held, but its date has not yet been set. However, given the scope of the case, it is likely that the motion to dismiss the judgment will reach the court no earlier than September.

If Apple’s motion to dismiss is not granted, the Justice Department’s case will continue and result in a full trial. The deadlines in this case again depend on the court.

Given that an appeal is expected regardless of either side’s outcome, it is unlikely that the case will be resolved within a few years.