Comment by oatmeal1
2 years ago
It seems easy to prove to me; anti-trust law is intentionally vague and broad to allow the government to prosecute all kinds of monopoly tactics. Apple had the option to give a warning to users that using an alternative app store may risk security. It doesn't have to block it all-together. Same with Apple Wallet.
it's quite often shot down by judges as well too because of the vagueries in laws, it's a two edge sword and you're commonly at the whim of the trial jurisdiction. Just look at recent 5th circuit vs most other circuits.
Yes, there is a lot of discretion in what cases are brought, and if a new administration comes in next year this may be dismissed/deprioritized. Still, I doubt Tim or other Apple employees will be making many donations to Biden's challenger! (Shareholders might be a different story.)
Even if the case continues, it will be a challenge to win. Apple has asymmetric information and knows what they can use to defend the various allegations.
Biden's challenger was in office at the time when the Justice Department started the investigation.
Good point, although the decision to move forward with the case was made under the current administration.
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You could make the asymmetric information argument for any defendant.