Antitrust suit alleging App Store monopoly tossed due to procedural blunder

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in General Discussion edited January 2014
A lawsuit claiming Apple has a monopoly over apps sold through the iTunes App Store was thrown out on Thursday, with plaintiffs found to lack grounds for complaint as they had never purchased the apps in question.

App Store


The procedural misstep, which prompted U.S. District Court Judge Yvonne Gonzalez Rogers to grant Apple's motion to dismiss the case, will likely be only a brief respite as the complaint can simply be amended and refiled, reports Bloomberg.

Plaintiffs did not prove ?collective allegations that they have been deprived of lower cost alternatives, paid higher prices for Apple-approved applications, or had their iPhones disabled or destroyed," Judge Gonzales said in her order. "At a minimum, plaintiffs must allege facts showing that each named plaintiff has personally suffered an injury-in-fact based on Apple?s alleged conduct.?

The suit was first leveled against in 2011 and accuses Apple of conducting monopolistic practices by creating an ecosystem in which apps are only available through the App Store. Further, Apple's 30 percent cut of each sale inflates the price of apps, while the company disallows competition in the way of third-party alternatives.

In its March motion to dismiss, Apple pointed out that it does not set prices for apps sold through the App Store, nor are there laws against charging a percentage of proceeds for distribution.

Despite Thursday's setback, lawyer for the plaintiffs Alexander Schmidt said the judge's requirements are easily met, suggesting the group will refile in the near future.

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Comments

  • Reply 1 of 46
    These kind of lawsuits always make me angry. I make a product. I sell the product. You don't like it or how I chose to sell it? Fine. Just don't buy it.
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  • Reply 2 of 46
    applguyapplguy Posts: 235member
    More like plaintiffs are idiots.
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  • Reply 3 of 46
    herbapouherbapou Posts: 2,228member


    I dont see how real customers could possibly waste time on that kind of lawsuit.  This has to be paid by Google, Samsung or Amazon...


     


    otherwise, well, welcome to retarded land.

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  • Reply 4 of 46
    mstonemstone Posts: 11,510member


    There are plenty of free apps on the App Store. If you think an app is too expensive, find one you can afford.

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  • Reply 5 of 46
    jax44jax44 Posts: 79member
    I'm filing a class action lawsuit against class action lawsuits.
    Sign up at : STFU.com
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  • Reply 6 of 46
    solomansoloman Posts: 228member
    Will blunders never cease?
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  • Reply 7 of 46
    Filing class action suits without errors... there's an app for that.
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  • Reply 8 of 46
    rob53rob53 Posts: 3,380member
    Apps for iOS devices are very low costing. Remember when an application for a Mac had a minimum cost in the $30-$40 range and we thought that was a great price. As for Apple being the only legal place to buy an iOS app, so what? It's Apple's product, why do they have to open it up to 3rd party vendors? Show me a law that says they have to allow this. When will the courts actually fine lawyers and plaintiffs for frivolous law suits?
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  • Reply 9 of 46
    I am glad there is only the Apple Store, it guarantees a level of quality. Can I launch a counter class action against the class action?
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  • Reply 10 of 46
    What a pathetic lawsuit...
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  • Reply 11 of 46


    The ios app store is the reason applications are so cheap. Are these idiot plaintiffs being injured by paying $0.99 for an app?

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  • Reply 12 of 46
    Can I sue Microsoft? I can only get Xbox apps through my Xbox.
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  • Reply 13 of 46
    solomansoloman Posts: 228member
    starbird73 wrote: »
    Can I sue Microsoft? I can only get Xbox apps through my Xbox.

    Same with Sony, and Nintendo.
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  • Reply 14 of 46
    alphafoxalphafox Posts: 132member
    Trolls
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  • Reply 15 of 46

    Quote:

    Originally Posted by starbird73 View Post



    Can I sue Microsoft? I can only get Xbox apps through my Xbox.


    This image

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  • Reply 16 of 46
    wigginwiggin Posts: 2,265member

    Quote:

    Originally Posted by WonkoTheSane View Post



    These kind of lawsuits always make me angry. I make a product. I sell the product. You don't like it or how I chose to sell it? Fine. Just don't buy it.


     


    I would amend by saying unless you are a monopoly (ie, like Windows was) which you are leveraging in an inappropriate way. But that would require that the iPhone be declared a market onto itself, which it's not. It's part of the smartphone market, and Apple is nowhere near a monopoly in that market. So I think these guys can amend their lawsuit if they want, but it still isn't going anywhere because there are plenty of other smartphones with comparable options for apps (now settle down Fanboys...I said "comparable", not "on par with" LOL)

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  • Reply 17 of 46
    jungmarkjungmark Posts: 6,928member
    This is why people think lawyers are scum. You dont want the App Store, choice a different phone. Quit your bitching.
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  • Reply 18 of 46
    sockrolidsockrolid Posts: 2,789member


    Oh dang.


     


    I was going to sue Honda for having a monopoly on Honda Civics.


    So much for that idea.

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  • Reply 19 of 46


    I am suing Appleinsider.com for only reporting Apple related news. 

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  • Reply 20 of 46
    iqatedoiqatedo Posts: 1,846member

    Quote:

    Originally Posted by lightstriker View Post


    I am suing Appleinsider.com for only reporting Apple related news. 



     


    Those days are long gone unfortunately. image

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