The U.S. Justice Department (DOJ)’s antitrust case accusing Apple of somehow unlawfully monopolizing the smartphone market without having a monopoly was reassigned to U.S. District Judge Julien Neals in New Jersey on Wednesday after another judge recused himself due to a potential conflict of interest.
U.S. District Judge Michael Farbiarz, who had been assigned to handle it, in a brief order said he was required to recuse from the case based on a judicial ethics rule that can restrict judges from hearing disputes in which they or a family member have some close connection or financial tie.
The order said his recusal was mandatory, but Farbiarz did not state the precise reason for his disqualification. Farbiarz did not immediately respond to a request for comment.
Neals has served since 2021 and formerly worked as a New Jersey county government lawyer. Farbiarz has served since last year, leaving his position as general counsel to the Port Authority of New York and New Jersey.
Farbiarz’s recusal order appeared to come without any request from Apple or the Justice Department.
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MacDailyNews Take: Apple’s iPhone currently holds U.S. market share of 59.04%. Not a monopoly. iPhone currently holds worldwide market share of 28.46%. Again, not a monopoly. “Attempted monopolization” is not illegal; it’s the goal of every for-profit business.
MacDailyNews Note: In a statement to the media after the DOJ suit was filed, Apple said the lawsuit is “wrong on the facts and the law,” and the company vowed to “vigorously defend” itself:
At Apple, we innovate every day to make technology people love—designing products that work seamlessly together, protect people’s privacy and security, and create a magical experience for our users. This lawsuit threatens who we are and the principles that set Apple products apart in fiercely competitive markets. If successful, it would hinder our ability to create the kind of technology people expect from Apple — where hardware, software, and services intersect. It would also set a dangerous precedent, empowering government to take a heavy hand in designing people’s technology. We believe this lawsuit is wrong on the facts and the law, and we will vigorously defend against it.
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