Reply to the Attention of: Éric Vallières Direct Line: 514.987.5068 Email Address: Eric.Vallieres@mcmillan.ca Date: April 15, 2026
VIA EMAIL
Competition Tribunal 17 th Floor 333 Laurier Avenue West Ottawa, Ontario K1A 0G7
Dear Registry,
Re: The Samuel-Glushko Canadian Internet Policy and Public Interest Clinic v. Apple Canada Inc. et al. – Competition Tribunal File No.: CT-2025-007
1. This letter serves as a brief reply, on behalf of Apple Canada Inc. and Apple Inc. (“Apple”), to the Applicant’s April 13, 2026 response to Apple’s April 7, 2026 informal motion to adduce evidence in the above-noted proceeding.
2. In respect of paragraph 8 of the draft affidavit of Julian Kleinbrodt (the “Draft Gibson Affidavit”), the Applicant objects that the five U.S. antitrust decisions referred to are not attached as exhibits. Apple is prepared to attach copies of the said decisions to the Draft Gibson Affidavit to be executed.
3. In respect of paragraph 17 of the Draft Gibson Affidavit, the Applicant objects that the witness statement of Phillip Schiller (“Schiller Witness Statement”), attached as Exhibit “D” to the Draft Gibson Affidavit, is not discrete and focused. Apple disagrees with the Applicant, but it is nevertheless prepared to attach a copy of the Schiller Witness Statement containing only the specific paragraphs cited in footnotes 20-29 of its April 7, 2026 informal motion letter.
4. In respect of paragraph 20-21 of the Draft Gibson Affidavit, Apple reiterates its position set out in the April 7, 2026 informal motion letter.
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5. We thank the Tribunal for its consideration of the above and would be pleased to address any questions it may have in writing or at a case conference.
Yours very truly,
Éric Vallières
cc. Louis Sokolov, Jean-Marc Leclerc, Mohsen Seddigh, and Maria Arabella Robles, Sotos LLP Neil Campbell, Samantha Gordon, William Wu, and Hannah Johnson, McMillan LLP Paul Klippenstein and Kevin Hong, Competition Bureau Legal Services