DOJ criticizes Apple's request for Samsung documents in antitrust case

The U.S. Department of Justice has filed a response criticizing Apple's recent request to obtain evidence from Samsung in South Korea as part of the ongoing antitrust case against the iPhone maker. Apple had filed a request for documents from Samsung Electronics in South Korea after Samsung's U.S. subsidiary refused to produce records that Apple claims would clarify how competitive the smartphone and smartwatch markets are. Apple's request relies on the Hague Evidence Convention, which provides a mechanism for courts to obtain evidence from foreign entities in civil or commercial cases. In its filing, the DOJ argues that Apple took too long to make this request and that the process is unlikely to be completed before the close of fact discovery. The department maintains that the foreign judicial process should not be grounds for extending deadlines in the case. The DOJ states that Apple has long known both how central Samsung is to the case and that its Korean parent would likely hold relevant documents. While the department takes no position on whether the court should issue the letter of request, it emphasizes that Apple should bear the risk if evidence from South Korea does not return in time.