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Judge Dismisses Lawsuit Alleging App Store Monopoly

NewImageA federal judge has dismissed a lawsuit against Apple that alleged the company had an illegal monopoly because the iPhone does not allow users to use alternative app stores.

Apple had requested that the suit be dismissed because Apple doesn't set the price for paid applications and because charging a price for distribution of products on a platform does not violate antitrust laws.

However, the suit was dismissed on a something of a technicality and can be refiled at a later date. Bloomberg reports:
The plaintiffs failed to 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,” [U.S. District Judge Yvonne] Gonzalez wrote. “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.”
A lawyer for the plaintiffs told Bloomberg that they can refile with "no difficulty" and will argue that Apple has "cornered the distribution market for software for the iPhone".

Top Rated Comments

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12 months ago
Good, the whole thing was stupid anyway as it's their own platform. It's like saying Waterstone's has a monopoly on book sales in their own stores. Well duh!
Rating: 21 Votes
12 months ago
If you don't like the app store, then perhaps its time to find a different phone.
Rating: 21 Votes
12 months ago
A lawyer for the plaintiffs told Bloomberg that they can refile with "no difficulty"

And he will as long as he can keep getting paid to do it. This isn't about right or wrong. It isn't about freedom. It's about a lawyers greed.
Rating: 20 Votes
12 months ago


A lawyer for the plaintiffs told Bloomberg that they can refile with "no difficulty" and will argue that Apple has "cornered the distribution market for software for the iPhone".


"cornered the distribution market for software for the iPhone"??

Like Microsoft has cornered the market on x-box software distribution?
Like Sony has cornered the market on play station software distribution??
Like Nintendo has cornered the market on wii software distribution???

Yea....
Rating: 19 Votes
12 months ago
I don't see how Apple is obligated to allow other app distribution systems on their own platform when there are other options for consumers in the smartphone market.
Rating: 15 Votes
12 months ago
This is nothing but a ridiculous money grab.. What's next? Force Apple to sell Samsung phones in their stores? After all, by this logic, Apple holds a monopoly on cell phones sold in their retail stores...
Rating: 13 Votes
12 months ago

So, is this a new trend at Macrumors? The first comments we're going to see are from people who simply post hashtags? I sure hope not.

As for the dismissal of the lawsuit, I'll say that I'm not surprised. However, I wonder if this is positive for those of us who use iOS. I personally would like to see more app-store options that don't require jailbreaking.


There are cell phones you can buy that give you that freedom. Nobody is preventing you from buying one. The iPhone is not a "market" in monopoly terms. It's a product part of a larger market known as "smartphones", which is in itself a subset of cellphones. I hope Apple sues for legal fees when they win this one.
Rating: 12 Votes
12 months ago

Good, the whole thing was stupid anyway as it's their own platform. It's like saying Waterstone's has a monopoly on book sales in their own stores. Well duh!

Lol, you're absolutely right. Nice comparison, you make this lawsuit sound even more stupid. :D
Rating: 10 Votes
12 months ago

The plaintiffs failed to prove "collective allegations that they have been deprived of lower cost alternatives...


Apps on the App Store aren't cheap enough?
Rating: 9 Votes
12 months ago
Glad to see there's at least a tiny bit of common sense left in the judicial system.

Apple should countersue for legal fees (can't even imagine how much Apple's legal department gets paid!) and the judge should make the lawyers that took up this ridiculous suit pay them.
Rating: 9 Votes

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