Apple has escalated its legal strategy in a high-stakes battle against the U.S. Government, moving to obtain internal data from Samsung Electronics in South Korea. This latest maneuver is part of an ongoing antitrust case where the Department of Justice (DOJ) has accused the tech giant of maintaining a monopoly through restrictive App Store rules and control over key iPhone features.
The request, filed on April 8, 2026, comes as the litigation enters the discovery phase—the critical period where both parties exchange records and gather evidence to build their respective arguments. Apple is now asking the court to facilitate a formal request for documents from Samsung’s South Korean headquarters after the company’s U.S. Subsidiary declined to provide specific materials.
The conflict centers on a jurisdictional dispute over document production. Apple had previously subpoenaed Samsung Electronics America, Inc. (SEA), but the U.S. Subsidiary objected to the requests. Samsung America asserted that it would not produce records that are in the sole possession, custody, or control of the parent company, Samsung Electronics Co., Ltd., located in the Republic of Korea.
Turning to the Hague Evidence Convention
To bypass the refusal from Samsung’s U.S. Arm, Apple is invoking the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. This international treaty provides a standardized legal framework for obtaining evidence from a foreign jurisdiction when domestic subpoenas are insufficient.

By requesting a formal “Letter of Request” from the court, Apple aims to legally compel the South Korean parent company to release internal materials that Samsung America claims it cannot access. This move signals Apple’s determination to secure specific competitive intelligence and internal business data to counter the DOJ’s claims of monopolistic behavior.
Scope of the Requested Evidence
Apple’s request is not a general fishing expedition but targets specific categories of internal business data. According to court filings, Apple is seeking the following from Samsung Electronics in South Korea:
- Internal business reports
- Detailed market analyses
- Data regarding Samsung’s smartphone business
- Information concerning Samsung’s smartwatch operations
- Records related to Samsung’s app store businesses
Context of the DOJ Antitrust Fight
The roots of this dispute date back to March 2024, when the U.S. Department of Justice and several states filed a lawsuit against Apple. The government alleges that Apple uses its control over the iPhone ecosystem to limit competition, specifically citing developer restrictions and the rigid rules governing the App Store as tools to stifle innovation and maintain a monopoly over the smartphone market.
Apple initially attempted to have the case dismissed, but those efforts were unsuccessful. The transition into the discovery phase marks a pivotal shift in the case, as the focus moves from legal arguments about the merits of the lawsuit to the actual exchange of internal communications and data that may prove or disprove the government’s allegations.
Why Samsung’s Data Matters
In antitrust litigation, the behavior and internal perspectives of competitors are often used as evidence to determine if a company’s actions are “pro-competitive” or “anti-competitive.” By seeking Samsung’s internal market analyses and reports, Apple likely hopes to demonstrate how the market actually functions and how other major players operate, potentially arguing that its own practices are standard industry behavior or that competition remains robust despite the DOJ’s claims.
Key Takeaways of the Legal Maneuver
- Jurisdictional Conflict: Samsung America refused to provide documents held exclusively by its South Korean parent company.
- International Law: Apple is using the 1970 Hague Evidence Convention to force the production of evidence from South Korea.
- Target Data: The request focuses on Samsung’s internal reports and data regarding smartphones, smartwatches, and app stores.
- Case Status: The DOJ antitrust case has moved into the discovery phase following Apple’s failed attempt to have the case dismissed.
As the case progresses, the court’s decision on whether to issue the Letter of Request will determine if Apple can successfully pierce the corporate veil between Samsung’s U.S. And Korean entities. The outcome could provide critical evidence regarding the competitive landscape of the global mobile device market.
The next critical step in this process will be the court’s ruling on Apple’s request for the formal Letter of Request to Samsung Electronics Co., Ltd. In the Republic of Korea.
We invite our readers to share their thoughts on this developing legal battle in the comments below.
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