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Excerpt from nypost.com
Apple said Tuesday it plans to ask a US judge to dismiss a lawsuit filed by the Justice Department and 15 states in March that alleged the iPhone maker monopolized the smartphone market, hurt smaller rivals and drove up prices.
In a letter to US District Judge Julien X. Neals, Apple said “far from being a monopolist, Apple faces fierce competition from well-established rivals, and the complaint fails to allege that Apple has the ability to charge supra-competitive prices or restrict output in the alleged smartphone markets.”
In the letter to the judge, Apple said the DOJ relies on a new “theory of antitrust liability that no court has recognized.”
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