U.S. judge clears Apple to seek Samsung documents in South Korea for discovery

Antitrust discovery is where these big tech cases stop sounding abstract and start turning into fights over who has the receipts. That is what happened here. A federal judge in New Jersey gave Apple permission to try to get internal Samsung documents from South Korea as Apple defends itself against the Justice Department’s smartphone monopolization case. But the catch is that this is only permission to ask — not a guarantee Apple gets anything. ### Why does Apple want Samsung’s documents? Because Samsung is not some random third party. In the government’s own case, Samsung is treated as Apple’s closest smartphone rival, and the complaint leans on the idea that Apple’s conduct hurt competition against companies like Samsung. Apple’s argument is basically: if you are saying Samsung is the key rival and the key victim, then Samsung’s own internal data should matter a lot. (9to5mac.com) ### What kind of records is Apple after? Apple wants market research, sales and financial data, consumer switching analyses, and records tied to Samsung’s smartphone, smartwatch, wallet, messaging, super-app, and Galaxy Store businesses. One especially telling target is Smart Switch — Samsung’s tool for moving data from an iPhone to a Galaxy phone — because Apple says that could show how often users actually switch platforms and how hard switching really is. (macrumors.com) ### Why wasn’t a normal U.S. subpoena enough? Apple already subpoenaed Samsung Electronics America. Samsung’s U.S. subsidiary pushed back and said it would not produce documents that sit only with Samsung Electronics, the Korean parent company. That forced Apple into a slower route — asking the U.S. court to issue a formal letter of request under the Hague Evidence Convention, which is the treaty process for cross-border evidence gathering in civil cases. (macrumors.com) ### What did the judge actually approve? The judge approved Apple’s request to use that Hague process after saying the court had considered the parties’ submissions and found good cause. That matters, but only at the first stage. The U.S. court is not ordering Samsung Korea to hand over a box of files tomorrow. It is clearing the way for a request to be sent into the Korean legal system. (macrumors.com) ### Did the DOJ try to block it? Not exactly. The Justice Department argued that Apple waited too long — discovery opened in June 2025, Apple subpoenaed Samsung America on January 30, 2026, and then did not file this Hague request until April 7, 2026. The DOJ’s main point was timing: don’t let this foreign-document process delay fact discovery or the trial schedule. It said Apple should bear the risk if the records arrive too late. But it also said it took no position on whether the court should issue the request itself. (9to5mac.com) ### So does Apple now get the records? No. South Korean authorities still decide whether to execute the request and how broadly to do it. Samsung can also raise objections under Korean law. Think of this like getting permission to knock on a door in another country — not getting handed the documents when the U.S. judge signs the paper. ### Why does this matter beyond one discovery fight? (9to5mac.com) Because Apple’s defense is going to lean heavily on comparison. If Samsung’s internal records show meaningful switching, active platform competition, or rival options in wallets, watches, and app distribution, that could help Apple argue the market is less locked down than the DOJ says. If the records cut the other way, they could become dangerous. Either way, this is a reminder that platform cases are often decided not just by theory, but by competitor documents buried deep inside another company’s files. (9to5mac.com) ### Bottom line? Apple won the right to ask South Korea for Samsung’s records. Now the real question is whether Korea says yes — and whether the answer comes back in time to matter. (9to5mac.com) (macrumors.com)