Apple cleared for the second time to pursue documents from federal agencies in antitrust case

**Special Master Rejects DOJ’s Bid to Block Apple’s Document Requests in Antitrust Case**

A federal special master has denied the U.S. Department of Justice’s request to reconsider an earlier ruling that allows Apple to obtain documents from 14 government agencies as part of its defense in an antitrust lawsuit. The decision, issued by Special Master Jose Linares, reaffirms Apple’s ability to pursue records that the company argues will support its case.

The dispute centers on Apple’s strategy to defend itself against allegations that it engaged in anticompetitive practices. The company contends that some of the business practices targeted by the DOJ are legitimate security and privacy measures. To bolster this argument, Apple has sought documents from federal agencies to examine how government entities evaluate security and privacy when setting smartphone policies and making purchasing decisions.

The agencies from which Apple is seeking records include the Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of State, the Department of the Treasury, the Department of Veterans Affairs, the Central Intelligence Agency, the Drug Enforcement Administration, the Federal Bureau of Investigation, the National Security Agency, the Office of the Director of National Intelligence, the Social Security Administration, the U.S. Secret Service, and the U.S. Postal Service.

The DOJ initially opposed Apple’s request, leading to the appointment of Linares to resolve the matter. In a ruling last month, Linares sided with Apple, prompting the DOJ to file a motion for reconsideration. The department argued that Linares had applied the wrong legal standard, that Apple’s requests were overly burdensome, and that the documents sought had limited relevance to the case.

Apple countered these claims in its opposition filing, disputing each of the DOJ’s arguments. In his latest decision, Linares rejected the DOJ’s motion, stating that none of its arguments were persuasive enough to warrant reversing his earlier ruling.

Linares clarified that the 14 federal agencies should be considered part of the United States for the purposes of discovery, rather than third parties entitled to additional protections under Rule 45 of the Federal Rules of Civil Procedure. He noted that the agencies play a role in shaping executive branch policies, rules, and regulations, which justifies treating them as parties to the case.

The special master also criticized the DOJ’s assertion that the requested documents had minimal relevance, stating that the department provided no supporting evidence for this claim. Additionally, Linares rejected the DOJ’s argument that Apple’s requests were unduly burdensome, emphasizing that the company had been forced to issue subpoenas due to the DOJ’s initial resistance.

With the motion for reconsideration denied, Apple is now cleared to proceed with its efforts to obtain the documents from the federal agencies. The case remains ongoing, with the DOJ’s antitrust lawsuit against Apple continuing in federal court. The outcome of Apple’s document requests could play a significant role in shaping the company’s defense strategy.