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Abstract

This paper offers a novel approach to analyzing Apple Inc, (Apple) within the context of antitrust law. As a frequently named party to antitrust litigation, not only in the United States but also worldwide, Apple’s closed garden has already been called into question. However, similar to the U.S. Department of Justice’s (DOJ) attempt on March 21st, 2024 to “to erect a new landmark decision” in their lawsuit against Apple, this paper focuses on Apple’s iOS ecosystem as a whole. While this article recognizes similar consumer harm concerns the DOJ addresses in United States, et al. v. Apple Inc, it also distinguishes the DOJ’s arguments to focus on interoperability restrictions and a contemporary perspective on market definition.

Despite being an integral paradigm of antitrust laws, consumers have been robbed of the right to choose a product based on the value it offers. Instead, exclusions around interoperability have left many consumers forced to purchase devices based on artificially limited product compatibility. Interoperability not only addresses many issues with lock-in effects but also promotes innovation by fostering competition on an equal playing field.

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