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Apple is reportedly dragging its feet as the Justice Department's antitrust lawsuit against the company makes its way through the courts, according to the nonprofit Tech Oversight Project.
Over 200 days have passed since the DOJ filed its case against Apple, which has a market cap of $3.42 trillion—one of the highest of any company in the world. Since then, "the case has been mired by inaction and stall tactics from Apple," the Tech Oversight Project claims.
The Tech Oversight Project seeks to "punish bad actions from big tech [and] hold big tech accountable." When the nonprofit advocacy group launched in 2022, it partnered with smaller tech firms like DuckDuckGo, Yelp, Roku, and Proton to lobby for the American Innovation and Choice Online Act (AICO). The bill sought to limit tech companies from favoring their own products but was ultimately killed following a $95 million lobbying effort from Apple, Google, and others.
At this stage in the legal process, the Apple antitrust lawsuit doesn't have a case management plan, which helps set the stage for what's ahead, the Tech Oversight Project notes. By comparison, the US' ad tech trial against Google received one within 60 days, and its case against Live Nation had one within a month.
In June, the court requested a Rule 16 conference, which is intended to get both parties on the same page regarding schedules. Apple asked for a delay to prepare a motion to dismiss, which it submitted on Aug. 1.
The DOJ alleges that Apple has blocked and suppressed third-party developers from being able to offer competing apps and services, such as digital wallets, on Apple's iOS devices. It's also allegedly taken steps to stop multifunctional "super" apps and has made it harder for iPhone or Apple Watch users to move to an Android device.
In its motion to dismiss, Apple argues that those third parties are "capitalized social media companies, big banks, and global gaming developers, all of whom are formidable competitors in their own right and none of whom have the same incentives to protect the integrity or security of iPhone as Apple has."
According to court documents, a case management conference is set for Oct. 10, while a technology tutorial is scheduled for Nov. 6. On the latter, the feds are currently fighting Apple's efforts to have its employees present at the tutorial. "Educational tutorials are commonly presented by counsel alone, especially in antitrust cases," the DOJ says.
"Justice has been anything but swift," the Tech Oversight Project argues. "Apple has actively gummed up the process, and the courts have been too slow to react. With every passing day, Apple continues to rake in billions of dollars—obtained because it breaks the law to get ahead. This isn’t a victimless crime."
PCMag has reached out to Apple for comment.