Apple files motion to dismiss Justice Department antitrust lawsuit, citing harm to innovation and user experience

Apple has officially filed a motion to dismiss the Justice Department’s antitrust lawsuit filed in May. Apple argues that the case should be dismissed because the Justice Department’s lawsuit does not meet the legal standard required to prove a violation of Section 2 of the Sherman Act.

The development comes after Apple challenged the Justice Department’s lawsuit, which it said would harm innovation and deprive consumers of competitive features that distinguish the iPhone.

In the filing, Apple writes:

Ultimately, this case is a closed book under long-standing antitrust law. This Court should reject the government’s invitation to create a new theory of antitrust liability that no court has recognized, based on five different examples of Apple’s design choices that do not harm smartphone competition. And to the extent that the government seeks to use these five examples to seize unprecedented power to more broadly control Apple’s design choices, the case is even more far-fetched. Such a sweeping rule, if recognized, would harm innovation and risk depriving consumers of the private, safe, and secure experience that distinguishes the iPhone from every other option on the market. The complaint should be dismissed.

Here are five examples of the DOJ’s anticompetitive conduct allegations that Apple is referencing:

• Great apps:Apple restricted the way developers could categorize and display mini apps in the App Store, as well as their access to Apple’s in-app payment system.
• Cloud streaming apps:Apple initially required that streamed games be submitted for review as standalone apps rather than as a single app, but later relaxed this requirement.
• Messaging Apps:Apple hasn’t allowed third-party messaging apps to use the SMS protocol, run in the background when the phone is closed, or access the iPhone’s camera. It also hasn’t developed an iMessage app for Android.
• Smartwatches:Apple has limited the ability to respond to iPhone notifications on third-party smartwatches, maintain some Bluetooth connections, or receive messages without exiting iMessage. Additionally, Apple Watch is not compatible with Android.
• Digital wallets:Apple has restricted third-party digital wallet apps from accessing sensitive financial information and the NFC antenna used for contactless payments, reserving that access for Apple Wallet.

Apple adds:

“The government’s theory that Apple somehow violated antitrust law by not giving third parties wider access to the iPhone runs directly counter to antitrust law, which protects a company’s right to design and control its own product.”

Now that Apple has filed a motion to dismiss the case, Judge Julien X. Neals will consider the motion and arguments from both sides and may grant or deny the motion.

You can read Apple’s full motion to dismiss below. If the case goes to trial, that trial likely wouldn’t take place until 2027 or 2028.