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iPhone owners can sue Apple over App Store, court rules

The U.S. Supreme Court ruled yesterday that a group of iPhone owners who believe Apple is violating the country’s antitrust laws can go ahead with the court case. They argue that Apple runs a monopoly with the App Store.

Justice Brett Kavanaugh said that when “retailers engage in unlawful anticompetitive conduct that harms consumers’ the individuals who purchases that firm’s products have the right to hold it accountable.”

It’s important to note that the Court didn’t find Apple guilty of anything. It merely ruled that consumers have the right to sue the company if they believe it’s guilty of monopolistic behaviour.

The President of consumer advocacy group Public Knowledge, Gene Kimmelman, said this might have far-reaching implications for other tech firms that run similar online storefronts.



The case originates from when iPhone owners brought a class-action suit back in 2011. They claimed that Apple’s 30% commission on app sales encouraged app developers to increase their prices, in the process harming customers. On top of that, Apple (unlike Android) does not allow iPhone owners to install apps from anywhere else other than its App Store.

Apple’s argument was, and still is, that it can’t be sued by iPhone owners because it only acts as an intermediary. The Supreme Court, however, has now ruled that iPhone owners are in a “direct purchaser” relationship with the company and that they may litigate under a precedent referred to in legal circles to “Illinois Brick.”

The court said: “Apple’s line-drawing does not make a lot of sense, other than as a way to gerrymander Apple out of this and similar lawsuits.”

Apple stated afterwards that it is “confident” that it will eventually win the case.

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About the author

Chris

I've been a passionate evangelist for Apple and the Macintosh throughout my working life, my first love was a Quadra 605 working with a small creative agency in the south of Norfolk UK in the mid 1990's, I later progressed to other roles in other Macintosh dominated industries, first as a Senior graphic designer at a small printing company and then a production manager at Guardian Media Group. As the publishing and printing sector wained I moved into Internet Marketing and in 2006 co-founded blurtit.com which grew to become one the top 200 visited sites in the US (according to Quantcast), at its peak receiving over 15 million visits per month. For the last ten years I have worked as an Affiliate and Consultant to many different business and start ups, my key skill set being online marketing, on page monetisation, landing page optimisation and traffic generation, if you would like to hire me or discuss your current project please reach out to me here.

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