DOJ aims to overturn Apple's access to government records

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Two weeks after the defeat before the special envoy, the US Department of Justice is attempting to reverse the decision. Apple is not to receive documents from 14 federal agencies. The timing is noteworthy: both sides are simultaneously negotiating to end the entire proceedings.

In mid-July, retired federal judge Jose Linares, acting as special liaison for the taking of evidence, ruled that Apple could request documents from 14 US federal agencies. The government had attempted to prevent this and failed. Now, a request for reassessment has been filed, supported by sworn affidavits from several agencies. Notably, neither the Department of Commerce nor the Federal Trade Commission (FTC) has submitted such a statement.

What the application is based on

The Justice Department is no longer arguing on the merits of the case, but rather on procedural grounds. The accusation is that Linares applied the wrong legal standard: he treated the 14 agencies as parties to the proceedings, even though they should be classified as uninvolved third parties. In US civil proceedings, significantly stricter limits apply to third parties regarding the release of documents.

The Ministry argues that such a classification should not be automatic simply because the US government is the plaintiff. An individual assessment is required for each agency – and this is precisely what was lacking in the decision. In parallel, the Ministry and the agencies have requested that their appeal deadline be suspended until a decision is reached on the reassessment request. If Linares maintains his position, the government could bring the case before the presiding district judge.

Why Apple wants the government files

Behind the dispute lies a specific defense strategy. Apple hopes the documents will prove that US federal agencies chose iPhones and Macs because they found their privacy and security features compelling – not because there was a lack of alternatives.

If that were true, it would be a powerful counterargument. The lawsuit is based on the claim that Apple locks customers into its ecosystem through technical barriers. Procurement decisions by large professional customers, made consciously and in a competitive environment, would contradict this assertion. The government countered that the requests were too broad and could disclose protected or classified information - an objection that Linares considered insufficiently substantiated.

Negotiating and arguing at the same time

The truly revealing part lies in the calendar. Just two days after the ruling in Apple's favor, it was revealed that both sides had been discussing an amicable settlement for months. Apple has made several offers this year, the talks are considered active, but an outcome remains uncertain. A court date for the trial has yet to be set.

The fact that the ministry is going to considerable lengths to secure evidence at this particular stage suggests that a settlement is unlikely. Conversely, the same applies to Apple: anyone confident of a settlement would hardly insist on documents that would never be needed if an agreement were reached. Both sides are acting as if the case could still end up in court.

What remains of the original accusations

The lawsuit from March 2024 was based on five areas: restricted super apps, blocked cloud gaming, discrimination against third-party messaging services, obstacles for smartwatches from other manufacturers, and restrictions on digital wallets. In the two years since, Apple has mitigated a large part of these issues through product changes – cloud gaming apps are now permitted, the RCS messaging standard is supported, mini-apps are allowed, and the payment interface is open to third parties. Apple had already been forced to implement the latter in Europe under pressure from the Commission.

The restrictions on smartwatches from other manufacturers are now considered the most contentious issue. The lawsuit has thus lost a significant portion of its original scope, strengthening Apple's negotiating position – and explaining why the government is showing little willingness to compromise on the remaining points.

A process that gets bogged down in side issues

A decision on the reassessment request is still pending, and no timeline is known. For Apple, antitrust pressure thus continues on several fronts – in addition to the US proceedings, the company is currently also fighting against regulatory plans in Great Britain.

It remains remarkable how little the proceedings, two and a half years after the lawsuit, revolve around the actual allegations. The dispute centers on jurisdiction, access to files, and procedural issues, while Apple gradually addresses the substantive criticisms through its own product decisions. (Image: Shutterstock / YP_Studio)