Do iPhone users really switch to Android? DOJ says it may be too late for Apple to prove it

Apple’s plan to use Samsung’s data to defend itself in its antitrust battle is now facing resistance from the US Department of Justice (DOJ).

The Cupertino company recently asked a US court for permission to obtain internal documents from Samsung’s South Korean parent company. The idea is to use data from a major Android rival to show that users can easily switch between iPhone and Android, and are not locked into Apple’s ecosystem.

Now, the DOJ has responded (h/t). 9to5Mac), and it’s not very happy with how Apple is proving its theory.

In a new court filing, the DOJ argues that Apple has long known how important Samsung is to the case and that the company waited months before making this request.

According to the agency, the process Apple is attempting to use involves a complex international legal mechanism under the Hague Convention. There’s a good chance that the data Apple wants won’t arrive before the current search phase ends.

For these reasons, the DOJ says Apple should not be allowed to use this as an excuse to slow down the case.

In fact, the filing clearly warns that the court should not extend the deadline or delay the trial as Apple is now trying to gather evidence from Samsung. If the request is approved, the DOJ says Apple must accept the risk that the data may arrive too late to be useful.

Interestingly, the DOJ also says it takes no position on whether the court should allow Apple to seek internal data from Samsung. Instead, its focus is on keeping the case on schedule and preventing any delays caused by Apple’s move.