Litigation Update: US v. Apple

In March of this year, the U.S. Justice Department and 16 states filed a sweeping complaint against Apple alleging that it has monopolized and attempted to monopolize US markets for smartphones and “performance” smartphones. At issue is an array of current and past Apple policies and restrictions governing the way that third party applications access and engage on the iPhone platform. Plaintiffs claim that Apple’s failure to open its platform prevents the development of “super apps” and cross-platform functionality that would make it easier and more attractive for Apple users to select or switch to rival smartphones, while in contrast, Apple characterizes its practices as a procompetitive way to differentiate its products and make them more attractive and safe for consumers to use.
As this litigation progresses, what are likely to be the most hotly contested-and possibly determinative-issues of fact and law? How will they affect the outcome of the case, including with respect to potential remedies, and further development of the law of monopolization? And, considering how the Apple complaint fits into the Biden Administration’s view of competition in high-tech platform markets, what impact could a potential change in Administrations have?
Featuring:
Prof. Rebecca Haw Allensworth, Associate Dean for Research, David Daniels Allen Distinguished Chair of Law
Hon. Maureen K. Ohlhausen, former Acting Chairman, Federal Trade Commission, Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Moderator: Deborah Garza, Partner, Rule Garza Howley LLP
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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