This week I told you that Apple was obliged to offer those from Samsung the opportunity to verify all contracts subsidizing the price of iPhone terminals concluded between the company from Cupertino and the Australian operators. Well, it seems that the initial information regarding this case was incomplete because the Apple company was obliged to provide those from Samsung only a part of the information included in these contracts and not the entire contracts. Samsung accuses Apple of practicing an anti-competitive policy through the concluded subsidy contracts and has convinced a court to compel Apple to provide information about certain provisions of the contracts.
The NSW branch of the Federal Court made an order yesterday that Apple had until noon on 10 November 2011 to produce certain contract terms or disclose full, non-redacted contracts to Samsung's barristers. Despite dismissing the notice to produce as being a Samsung-led "fishing expedition" yesterday in court, Apple complied with the notice to produce, informing representatives from Samsung that the clauses that it was seeking to confirm as being present within the contracts were in fact nowhere to be found.
Unfortunately for Samsung, the provisions referred to do not exist in the contracts between Apple and the Australian operators, so Apple will not offer anything to the Asian company. Those from Samsung did not believe Apple's claims, but an Australian judge agreed with them and closed the Asian company's request. And with this decision of the Australian judge, the whole problem was solved in favor of those from Apple who will not give Samsung the opportunity to analyze the subsidy contracts for iPhone terminals.
