Apple to seek dismissal of U.S. DOJ antitrust case

Apple said on Tuesday it plans to ask a U.S. District Judge to dismiss a lawsuit filed by the U.S. Department of Justice and 15 U.S. states in March that alleged the company monopolized the smartphone market, hurting smaller rivals and driving up prices.

David Shepardson for Reuters:
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In a letter to U.S. District Judge Julien X. Neals in New Jersey, Apple said “far from being a monopolist, Apple faces fierce competition from well-established rivals, and the complaint fails to allege that Apple has the ability to charge supra-competitive prices or restrict output in the alleged smartphone markets.”

In the letter to the judge, Apple said the DOJ relies on a new “theory of antitrust liability that no court has recognized.”

The government is expected to respond within seven days to the Apple letter, which the court requires parties to submit, hoping to expedite cases before advancing to a potentially more robust and expensive effort to dismiss a lawsuit.

“Consumers should not have to pay higher prices because companies violate the antitrust laws,” Attorney General Merrick Garland said in March. “If left unchallenged, Apple will only continue to strengthen its smartphone monopoly.”

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MacDailyNews Take: U.S. Attorney General Merrick Garland is a mentally incapacitated weasel.

Apple’s iPhone currently holds U.S. market share of 56.53%. Not a monopoly. iPhone currently holds worldwide market share of 27.95%. Again, not a monopoly.

“Attempted monopolization” is not illegal; it’s the goal of every for-profit business.
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