The U.S. DOJ’s Apple case is wrong on the facts and law and should never have been brought, said legal experts who weighed in on the government’s perplexing claims.
The U.S. government’s antitrust lawsuit against Apple… may prove to be an imperfect blueprint for addressing smartphone competition… and the government as a result may face a tougher time in taking on Apple, legal experts said.
The Department of Justice, along with 15 state governments, accused Apple of unlawfully monopolizing the smartphone market through restrictions on app developers that curb choice and innovation, which it said forces consumers to pay higher prices.
Apple said the government is wrong on the facts and law.The government has to prove that Apple’s business practices were “exclusionary” and harmed consumers by degrading the quality of rival products, according to several legal experts.
Apple can contract with whom it want and to design products as it sees fit, legal experts said.
It becomes a problem when a company with monopoly power takes steps to lessen short-term profit in order to keep rivals out in the longer term, said Douglas Ross, an antitrust scholar at University of Washington’s law school.
“The fundamental assumption DOJ seems to have is that Apple must cooperate with its rivals to allow rivals to compete with Apple,” Ross said. “That has antitrust law backwards.”
Support MacDailyNews at no extra cost to you by using this link to shop at Amazon.
MacDailyNews Take: The U.S. DOJ is going to waste a ton of U.S. taxpayers’ money because they don’t consider it taxpayers’ money, they wrongly consider it their money, and, as such, they’re fine with wasting tons of it to make some hackneyed political statement (“look, we’re protecting you little people from big, bad business!”) in an election year. This DOJ fiasco should actually be accounted for as a campaign expense.
The nine most terrifying words in the English language are: “I’m from the Government, and I’m here to help.” – Ronald Reagan
This case is going nowhere. It may not even last much longer, but, if it does, in many, many years, after a huge waste of time and tax dollars, it’ll end with third-party app stores (side-loading) available in the U.S. for iPhone, iPad, Apple Watch, etc.
Those who want safety, security, and privacy will stick to Apple’s App Store, but a single point of control is always a danger, especially when it comes to capricious censorship (see: pre-Musk Twitter, Apple’s App Store in China, etc.).
iPhone and iPad users must, like Mac users, have the ability to install third-party apps; even if they never do, for it will keep Apple honest. The ability to ban an app loses all power when it’s simply available in another App Store. – MacDailyNews, December 13, 2022
AppleInsider‘s William Gallagher and Mike Wuerthele have written an article which highlights the flimsiness of the DOJ’s case. Read it here: Apple will crush the DoJ in court if Garland sticks with outdated arguments.
Please help support MacDailyNews. Click or tap here to support our independent tech blog. Thank you!
Support MacDailyNews at no extra cost to you by using this link to shop at Amazon.

The fact that Garland held a press conference with all the AGs as a backdrop, says it all. It was a political show. I don’t remember such theatrics for the other companies that the DOJ is looking into.
THE PULLBACK CONTINUES! YIIIIHAAAWWWWWW
Not too surprising coming from that country.
That’s what happens when you live in a banana republic lead by an evil and illegitimate cabal.
This is a pull by the deep state to get apple to play ball. You want this antitrust trial to go away? How about that back door now?
In all seriousness, Americans from all political perspectives and economic backgrounds need to wake up to what is happening right before our eyes. We have nothing if we don’t have liberty. We have no liberty if the judicial system no longer enforces the law equally but punishes those who are out of favor with the ruling elite.
If they can punish Apple or a political opponent then they can and will crush your business or your life if you don’t submit to their policies and agenda. If they can punish Apple on fictitious allegations of being a monopoly and leave Google untouched, if they punish Trump on bogus charges of corruption and allow the Bidens to skate free, then we are not free but subjects of the ruling class.
It’s time for all Americans to wake up and understand the times in which we live. This isn’t about liberals vs conservatives anymore. This is about tyranny vs liberty.
Benjamin Franklin once said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
We must return to a constitutional republic that limits all branches of government to serve the will of its citizens for the good of all people. Liberty and justice for all Americans. If one of us isn’t free, soon none of us will be free.
This is the type of BS Mark Levin, Hannity and the legions of “conservative” book dealers have been selling for 20+ years. Leftists DON’T WANT liberty, they want to control you down to whether you’re born or not and when you are euthanized. And if you support Trump they want you in a concentration camp or dead. “Can’t we all just get along?” isn’t a winning strategy.
Agreed lawsuit its wrong and should never been brought.
But we are talking about the most partisan DOJ in HISTORY, still smarting he was passed over for Supreme Court. The surprise exception is going after Apple, an Extreme Leftist company, devised and maintained daily by Captain Cook.
Other than the Apple surprise, this DOJ is only interested in prosecuting Republicans and interfering with 2024 presidential election. Same time turning a blind eye to Hunter’s laptop, influence pedaling, illegal unregistered lobbying and money laundering in 22 shell companies for the family.
Possibly the biggest HYPOCRISY of all time — PURPOSEFUL NEGLECT of the Biden administration weaponizing social media to interfere in elections, his own DOJ weaponizing the justice dept. to interfere in elections and declining to prosecute the presidnt because he’s old and well meaning.
Well former President Trump is 10X more well meaning to get the economy and country back on track, but that does not count in Demonize and Destroy Democrat Land. Neither does Hillary paying for a lying dossier that spawned the Mueller investigation a waste of $32 million tax dollars exonerating Trump, the FISA court abuses, and let’s not forget Comey COVER saying no reasonable prosecutor would take the case of Hillary destroying 30,000 subpoenaed e-mails!
Bottom Line: DOUBLE STANDARD: Its all about the Democrat Party ABUSE OF POWER going after their political enemies and PROTECTING THEIR OWN…
2 things come into play: first, they want Timmy to yield the back door access for IOS for the spy state; second must be that Timmy didn’t donate sufficiently in $$$ and/or groveling to suit Cho Bite-me’s soon-to-become dictatorship.