“The court is allowed to use common sense,” the government says.
Apple urged a federal judge to dismiss the Department of Justice’s antitrust case against it, saying the government’s complaint includes speculative arguments and the government doesn’t plausibly argue it has monopoly power. “The court is allowed to use common sense,” countered DOJ counsel Jonathan Lasken at a hearing in New Jersey on Wednesday.
Apple has argued the case against it is overly speculative and amounts to a “judicial redesign” of the iPhone. It’s sought to downplay its own influence, saying the government doesn’t allege a large enough smartphone market share to add up to monopoly power. It characterizes the third-party developers who claim they’ve been harmed as “well-capitalized social media companies, big banks, and global gaming developers.
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