Apple Files Motion to Dismiss Department of Justice Antitrust Lawsuit - MacRumors
Skip to Content

Apple Files Motion to Dismiss Department of Justice Antitrust Lawsuit

Apple today filed a motion to dismiss its ongoing lawsuit with the United States Department of Justice, a standard step in the litigation process. In its motion to dismiss, Apple argues that the government's complaint has not demonstrated anticompetitive conduct, anticompetitive effect that harms consumers, or that Apple is a monopoly power in the U.S. smartphone market. The government needs to prove all three of these claims for a successful antitrust lawsuit.

Apple vs DOJ Feature
For the anticompetitive allegation, the DoJ lawsuit focused on third-party access to Apple services and features, but Apple argues that there is longstanding Supreme Court precedent that companies can set the terms and conditions of their third-party dealings. Apple claims that the DoJ is attempting to force it to spend money to develop tools for big business competitors, which could have a "chilling" effect on innovation. The DoJ suggested, for example, that Apple should have developed an iMessage app for Android.

iMessage is Apple's proprietary, innovative messaging service that Apple created to competitively differentiate iPhone. Under the Government's view, companies like Apple should face antitrust liability for not expending the resources, cost, and time to develop versions of proprietary products and services for competitors' devices.

Apple points out that the DoJ's complaint does not explain how Apple's alleged limiting of "super apps," cloud streaming apps, digital wallets, messaging apps, and competing smartwatches has harmed consumers or impacted consumer choice about which smartphone to purchase. For a successful antitrust lawsuit, the DoJ needs to prove that Apple's actions hurt consumers and stifle competition, and the DoJ argues that Apple has "locked" customers into its ecosystem.

It is implausible to claim, as the Government does, that Apple has deterred any customers from switching to Google or Samsung because of its policies with respect to "super apps," cloud gaming, smartwatches, or anything else. The opposite is much more plausible: Users unhappy with Apple's reasonable policies on third-party access can and do switch away to competitors' devices, where those limits do not exist.

Apple argues that it is not a monopolist because it faces competition from companies like Google and Samsung, preventing the government from establishing the "typical hallmarks of monopoly power." Apple does not have enough U.S. smartphone marketshare to make the monopoly claim easy for the government to establish. The DoJ has compared Apple to Microsoft, but Microsoft had a 95 percent share of the operating system market when it faced an antitrust lawsuit, while Apple's is closer to 65 percent.

Apple further suggests that the DoJ is aiming to have the court establish a "new theory of antitrust liability" that no prior court has recognized and that would provide "unprecedented authority to control Apple design choices." Apple says that the DoJ is targeting the very features that distinguish iPhones from competing devices, and if the DoJ ultimately wins the case, courts would need to "oversee product-design and policy choices," which they are not equipped to do.

A motion to dismiss limits the information that Apple can provide to dispute the DoJ's claims, and rulings often favor plaintiffs. The allegations that the DoJ made are assumed to be true at this stage, and Apple needs to prove that the claims fail as a matter of law. For this reason, the lawsuit is likely to progress, though claims could be narrowed and there is a chance for dismissal.

If the court rules in the Department of Justice's favor on the dismissal, there will be many future chances for Apple to sway the court because this is a legal battle that will span years.

After Apple's motion to dismiss, the government has until September 12 to file an opposition brief. From there, Apple will file a reply brief on October 10, and there could be a possible hearing after that. A ruling on the motion to dismiss is expected in late 2024 or early 2025.

Should the government win, Apple will file an answer to the initial complaint, leading to a discovery period where both parties provide documents, expert testimony, and depositions, which can last for over a year. A summary judgment will follow, which is where Apple can make a stronger case, and that might not happen until 2027. Should the case ultimately go to trial, a trial could take place sometime in 2028, or even later.

For a refresher on the DoJ's antitrust claims against Apple, we have a dedicated guide that highlights everything you need to know about the U.S. vs. Apple legal fight.

Popular Stories

apple pay feature dynamic island

Banks and Credit Unions to Team Up Against Apple Pay Fees

Friday September 25, 2026 12:22 pm PDT by
An antitrust lawsuit accusing Apple of blocking tap-to-pay competition is moving forward and will see banks and credit unions able to band together to sue Apple. U.S. District Judge Jeffrey White this week certified a class in the lawsuit. It will include any U.S. entities that issued any payment card enabled for Apple Pay and paid Apple a fee for Apple Pay transactions on that payment card. ...
Jon Prosser Rainbow

Leaker Jon Prosser Pushes Back as Apple Seeks His YouTube Data

Thursday October 8, 2026 5:51 am PDT by
Jon Prosser is arguing that Apple's alleged trade secrets are now public, while the company seeks his YouTube revenue records, channel analytics, and third-party messages to investigate his alleged financial gain from leaks about iOS 26. In a new joint status report filed yesterday, Apple said it is still waiting for YouTube revenue reports, channel analytics, and third-party communications...
apple watch series 6 blood oxygen monitoring 1

Apple's $634 Million Apple Watch Patent Bill Just Got Even Bigger

Tuesday October 6, 2026 6:09 am PDT by
Apple's $634 million patent loss to medical technology company Masimo has just gotten even bigger, after a federal judge ordered Apple to pay an additional $184 million in interest on what it owes (via Bloomberg Law). The ruling takes Apple's bill to around $818 million, but that doesn't include any post-judgment interest continuing to accrue until the judgment is paid. Judge James Selna ...

Top Rated Comments

29 months ago
It would be news if Apple didn't file to dismiss the lawsuit.
Score: 14 Votes (Like | Disagree)
Mrkevinfinnerty Avatar
29 months ago
Apple: Hey DOJ lets dismiss this suit


DOJ:

Score: 10 Votes (Like | Disagree)
29 months ago

It's not mentioned in the lawsuit, but I can't help but think Apple's force push of eSIM in the US is increase friction to make switching to Android less appealing. The easy transfer of eSIM function (without needing to use carrier customer support/website) only works among iPhones.
In general... the Apple user experience was built upon reducing friction for its customers using their products. That goes back to early Steve Jobs days. A smart philosophy and a good thing.
Score: 9 Votes (Like | Disagree)
spazzcat Avatar
29 months ago

Apple: Hey DOJ lets dismiss this suit


DOJ:


Its not up to the DOJ.
Score: 8 Votes (Like | Disagree)
spazzcat Avatar
29 months ago

Don't do it DOJ! Hold Apple's feet to the fire!
All this lawsuit will do is make lawyers richer.
Score: 8 Votes (Like | Disagree)
29 months ago
There is nothing about this which would benefit the consumers. If a user doesn't like iOS, they can pick a similar Android device. Many anti-Apple people do choose this. I think one of the aspects of this was iMessage, in that Andriod has RCS support and when an iPhone user texts an Android device, it defaults to SMS. However Apple was already adding RCS support and it is available in the new Beta. So this item isn't really an item anyway. Problem is the government stifles innovation and people who pick iOS devices pick them because they like how they work. They don't want an Android. Just like with the App Store stuff. People like iOS because there is only one App Store available, it is secure, and you don't need to install all of these third party stores from random gaming companies just to install a game. That is a FEATURE which people like. Having to install Epic Store for Epic Games, Sony store for Sony Games, Microsoft Store for Office, Blizzard store for their games, Activision store, Steam Store, etc. will make iOS like a PC which is it is such a pain to play games on as there are so many stores. Then you have all these stores running in the back ground which have to start up and update on every boot. People don't like that nor do they want that. That doesn't benefit the consumer, it benefits the greedy companies who don't want to pay the commission which all stores charge anywhere.
Score: 5 Votes (Like | Disagree)
Latest Stories
iPhone Duo Reviewers Really Miss Face ID
iPhone Duo Reviewers Really Miss Face ID
2 hours ago
Does the iPhone Duo Run Hot? Here's What Reviews Found
Does the iPhone Duo Run Hot? Here's What Reviews Found
4 hours ago
Apple Music's New Look is Now Live on Apple's Website
Apple Music's New Look is Now Live on Apple's Website
4 hours ago
Anthropic Launches Claude Duet, a Proactive AI Agent
Anthropic Launches Claude Duet, a Proactive AI Agent
5 hours ago
What 32,000 Folds Did to the iPhone Duo's Hinge
What 32,000 Folds Did to the iPhone Duo's Hinge
6 hours ago
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
7 hours ago
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
8 hours ago
Apple Support App Updated for iPhone Duo's Larger Display
Apple Support App Updated for iPhone Duo's Larger Display
8 hours ago
Amazon Sweetens the Deal on Entry-Level 16-Inch MacBook Pro With $570 Off
Amazon Sweetens the Deal on Entry-Level 16-Inch MacBook Pro With $570 Off
8 hours ago
iPhone Duo Tips Over on MagSafe Stands When Unfolded
iPhone Duo Tips Over on MagSafe Stands When Unfolded
8 hours ago
Apple Music's New Look Officially Announced
Apple Music's New Look Officially Announced
10 hours ago
iPhone Duo Supports Apple Pencil Starting With iOS 27.2
iPhone Duo Supports Apple Pencil Starting With iOS 27.2
10 hours ago
iPhone Duo Accessories Roundup: Cases and Screen Protectors From OtterBox, ZAGG, and More
iPhone Duo Accessories Roundup: Cases and Screen Protectors From OtterBox, ZAGG, and More
11 hours ago
Apple Stores Will Have 'Limited' Availability of iPhone Duo for Walk-In Customers
Apple Stores Will Have 'Limited' Availability of iPhone Duo for Walk-In Customers
12 hours ago
iPhone Duo Reviews Explain Why Device is Both 'Fun' and 'Frustrating'
iPhone Duo Reviews Explain Why Device is Both 'Fun' and 'Frustrating'
12 hours ago
Apple Says 'Reachability' Feature Coming to iPhone Duo Later This Year
Apple Says 'Reachability' Feature Coming to iPhone Duo Later This Year
13 hours ago
Loop Capital Cuts Apple Rating Over iPhone Sales Outlook
Loop Capital Cuts Apple Rating Over iPhone Sales Outlook
17 hours ago
Apple Stores in Bordeaux and Lille Looted During French Protests
Apple Stores in Bordeaux and Lille Looted During French Protests
17 hours ago
Bluesound Adds Native Apple Music Support
Bluesound Adds Native Apple Music Support
18 hours ago
Apple CEO John Ternus Explains What Makes Good Product Design
Apple CEO John Ternus Explains What Makes Good Product Design
19 hours ago
UK Proposes New Ways to Help Apple Pay Rivals
UK Proposes New Ways to Help Apple Pay Rivals
21 hours ago
WhatsApp Developing In-App Browser for All Chat Links on iPhone
WhatsApp Developing In-App Browser for All Chat Links on iPhone
21 hours ago
Apple's App Store Chief Explains Its Push for Premium Games
Apple's App Store Chief Explains Its Push for Premium Games
22 hours ago
Apple Could Owe Even More After $5.7 Billion Patent Verdict
Apple Could Owe Even More After $5.7 Billion Patent Verdict
22 hours ago
Skyrim Comes to Apple Silicon Macs With New Unofficial Installer
Skyrim Comes to Apple Silicon Macs With New Unofficial Installer
23 hours ago
Apple Highlights Mac and iPad Use in Paris Design Exhibition
Apple Highlights Mac and iPad Use in Paris Design Exhibition
23 hours ago
Apple Seeks 6G Modem Engineers as It Plans for Post-5G iPhones
Apple Seeks 6G Modem Engineers as It Plans for Post-5G iPhones
1 day ago
First iPhone Duo Unboxing Video Appears Ahead of Friday Launch
First iPhone Duo Unboxing Video Appears Ahead of Friday Launch
1 day ago
Perplexity Computer Can Now Run Fully Locally on Mac
Perplexity Computer Can Now Run Fully Locally on Mac
1 day ago
Apple's Touchscreen OLED MacBook Pro: Everything We Know
Apple's Touchscreen OLED MacBook Pro: Everything We Know
1 day ago