Bloomberg Law - DOJ’s Apple Suit Filed in New Jersey for Friendly Third Circuit

Senior legal director Daniel Hanley was quoted for commenting on the Department of Justice’s lawsuit against Apple in reference to the coming hearing in a U.S. District Court in New Jersey, which falls within the purview of the Third Circuit Court of Appeals.

Hanley told Bloomberg Law, “Historically, the Third Circuit Court of Appeals has been a decent venue, especially when it comes to monopolization cases and monopolistic conduct.”

The US Justice Department’s choice of New Jersey to file its landmark antitrust lawsuit against Apple Inc. was likely motivated by driving any future appeals to a circuit court relatively open to cracking down on monopoly power.

Regulators are gearing up for a lengthy battle against the tech behemoth with their complaint last week in US District Court for the District of New Jersey, which targets a range of allegedly illegal practices the iPhone maker has employed to maintain a smartphone monopoly. The lawsuit against Apple is part of the Biden administration’s broader push to use antitrust law to rein in the power of Big Tech companies—an effort whose fate is still tied up in court battles.

The court stands out as a favorable one for the government, antitrust professors and researchers say. That’s because the state is within the jurisdiction of the US Court of Appeals for the Third Circuit, where there’s precedent for plaintiff-friendly rulings in antitrust lawsuits.

The suit, which New Jersey joined along with 14 other states and the District of Columbia, likely wouldn’t reach an appeals stage for a year or more. Apple has vowed to “vigorously” defend itself against the government’s allegations.

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