The US DOJ antitrust case has seemingly ground to a halt as Apple keeps dodging and delaying requests, which could result in a judge's order for Apple to comply.
The United States Department of Justice accused Apple of monopolistic practices with the App Store, iPhone, and other parts of its business. It's been a glacial case, as Apple is seemingly dragging its feet during document collection during the discovery phase.
According to a filing from the DOJ plaintiffs to the court, Apple is causing a lot of roadblocks by denying requests for HR data, additional document custodians, and specific business data. The filing suggests Apple keeps playing as if it doesn't understand some requests, or seeks to limit the scope of document gathering in the name of privacy or business secrecy.
There's a lot in this filing, but it boils down to the DOJ lawyers being unhappy with Apple and asking Judge Wettre how the highlighted disputes should be handled. Otherwise, the filing alleges the proceedings will result in delays to the overall discovery schedule.
The lawyers point out that other companies like Google haven't had trouble with such requests during their antitrust cases. Apple, on the other hand, keeps changing "all document" requests to "sufficient to show."
There's also a dispute over how many custodians Apple should provide and data the DOJ needs for identifying custodians. The DOJ wants six spreadsheets of human resource info that would disclose the roles and responsibilities of employees over a six-year period.
The number of custodians is currently 22, and Apple agreed to add 12. The DOJ wants at least 85 custodians and cites Google having 116 in the Search litigation.
Apple refuses to produce certain documents pertaining to its analysis of competitors, correspondence with the board of directors, and specific data like the installed base of users. The list of missing documents goes on, but you get the idea.
The DOJ also requests that Apple provide global data, not just data centered on the United States. Apple refuses to do so, and the DOJ also requested relevant source code be handed over by September 19.
Apple has apparently been handing over some documents. The DOJ says two-thirds of the 10,000 documents it has received are user guides, legal documents, and the like for iPhone and Apple Watch.
The DOJ provided Apple with over 115,000 documents and served 20 subpoenas to non-parties in the process. The filing suggests that Apple hasn't been as willing as it should be to hand over the requested documents and data.
There's no telling what the court will decide. It could compel Apple to comply under threat of action or side with Apple to limit the scope of requested documents and custodians.
