The Department of Justice's antitrust division has recently filed its third lawsuit against a tech giant in four years, targeting Apple this time. Experts view the complaint favorably, noting the DOJ's adeptness in learning from past cases, particularly the Epic v. Apple lawsuit, and crafting a more comprehensive argument against Apple's alleged anticompetitive behavior.
Unlike Epic's narrower focus on app distribution and payments, the DOJ's case against Apple paints a broader picture, highlighting various instances of allegedly harmful conduct. This approach aims to demonstrate a pattern of behavior detrimental to consumers, such as non-interoperability with Android phones and exclusion of certain apps from the App Store.
The DOJ's case faces challenges, notably in defining the relevant market and proving Apple's dominance within it. While Apple disputes the DOJ's market definitions, demonstrating the company's ability to wield market power without losing customers will be crucial for the government's argument.
The DOJ's preference for structural remedies, such as breakups, is unlikely in this case, with injunctions to stop anticompetitive behavior seen as more plausible. However, the exact remedies sought remain undisclosed as the case begins with an evaluation of Apple's liability.
This legal battle is expected to extend over several years, potentially prompting Apple to reconsider its behavior amid ongoing regulatory scrutiny in Europe. Nevertheless, the DOJ remains committed to pursuing litigation rather than waiting for voluntary changes from Apple.
