Manatt Antitrust and Competition Partner David Reichenberg was quoted in MLex about Apple’s ongoing antitrust dispute with Epic and whether Apple complied with the Judge’s Order on the California Unfair Competition Law (UCL). Specifically, David discussed whether Apple’s new procedures resolved the issues the judge’s order was seeking to address.
The article explained that after Apple’s anti-steering provisions were found to violate the UCL in 2021, an injunction was issued requiring them to resolve the violation. Recently, the U.S. District Judge ordered Apple to provide all materials relating to their compliance, but after observing potentially inadequate delivery of documents, a further discovery request was sent to Apple. According to Reichenberg, as stated by the chair of the Federal Trade Commission, for authorities to enforce antitrust laws effectively and determine the right course of action, they need a completed discovery and appropriate evidence.
During the hearing, the judge seemed to be focused on whether Apple’s new procedures resolved the antitrust violations or if they merely complied with the injunction while still displaying behavior found to be in violation of the UCL. Reichenberg noted that the District Judge’s decision could emphasize whether Apple resolved the issue rather than the form they used to carry out the order. This would be “very consistent with antitrust jurisprudence generally,” where “we focus on substance over form,” Reichenberg said.
MLex subscribers can read the full article here.