Court Rules Apple Can Be Sued for Monopolizing iPhone App Market

appstoreA U.S. Appeals Court today ruled that App Store customers can move forward with a lawsuit claiming Apple created an illegal app monopoly because it did not allow users to purchase iPhone apps outside of the App Store, reports Reuters.

The decision reverses a 2013 ruling that dismissed the lawsuit, originally filed in 2012. The case, Pepper et al v. Apple Inc., alleges that by not letting users purchase apps from third-party sources, there was no price competition, leading to higher app prices.

When the lawsuit was originally filed, Apple requested that it be dismissed because developers, not Apple, set prices for App Store apps. Apple simply provides the platform developers use to sell apps to customers.

According to today's ruling, because iPhone users purchase the apps directly from Apple, they have the right to file a lawsuit against the company.

An attorney for the plaintiffs in the case told Reuters that the aim of the lawsuit is to allow people to shop for iPhone apps wherever they want, an outcome that's unlikely due to security implications.

But if the challenge ultimately succeeds, "the obvious solution is to compel Apple to let people shop for applications wherever they want, which would open the market and help lower prices," Mark C. Rifkin, an attorney with Wolf Haldenstein Adler Freeman & Herz representing the group of iPhone users, told Reuters in an interview. "The other alternative is for Apple to pay people damages for the higher than competitive prices they've had to pay historically because Apple has utilized its monopoly."

The Appeals Court ruling does not address the specific monopoly allegations levied at Apple and pertains only to whether or not Apple can be sued for this issue.

Top Rated Comments

LordVic Avatar
54 months ago
Abuah?!

what?

listen, i'm all against monopolistic competitive practices.
I'm all for releasing some stranglehold on economies that filthy rich have. i'm all for competition for luxury items.

but There's no monopoly here. If you don't like Apple's app store policy, There's a giant swath of Android manufacturers out there offering competitions, many come with their own App stores. If you're looking for an open and free market, that exists.

But where then does this "monopoly" end? What about OS? Apple has 100% of iOS installations on iPhones. is that not a monopoly preventing me choice of what OS I want? (although, I would love to buy an iPhone running android :p)


this is a slippery slope. Sometimes, yes, Lawsuits are required to keep a company in check, but sometimes, these things are more dangerous to the market than helpful
Score: 109 Votes (Like | Disagree)
tmjdisorder Avatar
54 months ago
In other news McDonald's is being sued for being the only place you can buy a Big Mac
Score: 90 Votes (Like | Disagree)
and 1989 others Avatar
54 months ago
They created the iPhone, they created the App Store, they created the developer system. App developers agree to the terms and condition. The apps are approved for use with the iOS.

They own the entire ecosystem.

How in the hell so you sue somebody for something they developed and own 100%?

This will be an ongoing case which will cost millions and the outcome will be in favour of Apple, because of the above.
Score: 54 Votes (Like | Disagree)
craig1410 Avatar
54 months ago
Fantastic, just what the App Store needs - lower prices :rolleyes:

What an idiotic law suit. Developers receive 70%-85% of the revenue passing through the store and they control the pricing so how on earth can this be deemed a monopoly...
Score: 38 Votes (Like | Disagree)
jimbobb24 Avatar
54 months ago
This is stupid straight up. I hope next they can rule that I can set up a shop inside of Walmart or maybe I want to sell some sculptures inside Tiffany's.

What a mess.
Score: 36 Votes (Like | Disagree)
mr.steevo Avatar
54 months ago
I thought the purpose of selling within the App Store was to protect iOS users from malicious software.

At least that was the official reason...
Score: 27 Votes (Like | Disagree)

Top Stories

bloodoxygenapplewatch

Apple Watch Series 7 to Gain Breakthrough New Health Feature

Friday March 5, 2021 5:34 am PST by
Apple is reportedly planning to bring a new, first-of-its-kind health technology to the Apple Watch Series 7, in what could be a breakthrough for managing conditions such as diabetes more easily. According to a recent report from ETNews, the Apple Watch Series 7 will feature blood glucose monitoring via a non-invasive optical sensor. Measuring blood glucose levels, also known as blood...
apple transfer google photos 1

Apple Launches Service for Transferring iCloud Photos and Videos to Google Photos

Wednesday March 3, 2021 12:04 pm PST by
Apple this week introduced a new service that's designed to make it quick and easy for iCloud users to transfer their stored photos and videos to Google Photos. As outlined in an Apple support document, you can go to Apple's privacy website and sign in to see the "Transfer a copy of your data" option. If you select this and go through all the steps, Apple will transfer your iCloud photos and ...
imac pro featured black

Apple Confirms iMac Pro Will Be Discontinued When Supplies Run Out, Recommends 27-Inch iMac

Saturday March 6, 2021 7:33 am PST by
Apple on late Friday evening added a "while supplies last" notice to its iMac Pro product page worldwide, and removed all upgrade options for the computer, leaving only the standard configuration available to order for now. We've since confirmed with Apple that when supplies run out, the iMac Pro will no longer be available whatsoever. Apple says the latest 27-inch iMac introduced in August...
Oled iPads and MackBook Pro

OLED 10.9-Inch iPad Rumored for Early 2022, 12.9-Inch iPad Pro and 16-Inch MacBook Pro Could Follow

Thursday March 4, 2021 8:37 pm PST by
Earlier today, DigiTimes shared a preview of an upcoming report claiming that Apple is working on both iPad and Mac notebook models with OLED displays that could launch starting in 2022. The full report from DigiTimes is now available, and it includes several new alleged details about Apple's plans. According to the report, the first of these devices to adopt an OLED display is likely to be...
apple products refurbished store banner

Class Action Lawsuit Over Apple Providing Refurbished Replacement Devices Proceeding to Trial in August

Friday March 5, 2021 9:53 am PST by
Initially filed in 2016, a class action lawsuit that accuses Apple of violating the Magnusson-Moss Warranty Act, Song-Beverly Consumer Warranty Act, and other U.S. laws by providing customers with refurbished replacement devices is set to proceed to trial August 16, according to a notice this week from law firm Hagens Berman Sobol Shapiro LLP. Apple's repair terms and conditions state that,...
iPhone 13 Notch Feature2

iPhone 13 Rumor Recap: Smaller Notch, Larger Batteries, 120Hz for Pro Models, Improved 5G, Wi-Fi 6E, and More

Friday March 5, 2021 8:20 am PST by
While we are likely at least six months away from Apple unveiling the so-called iPhone 13 lineup, rumors about the devices are starting to accumulate, so we've put together this recap of everything that is expected so far. The upcoming iPhone 13 lineup will consist of the same four models and the same screen sizes as the iPhone 12 lineup, according to reputable analyst Ming-Chi Kuo,...
maxresdefault

What's on Your iPhone Home Screen?

Thursday March 4, 2021 10:31 am PST by
Over on our YouTube channel, MacRumors videographer Dan has a new video up where he shares his Home Screen, wallpaper, and all of his current favorite widgets. Subscribe to the MacRumors YouTube channel for more videos. Check out Dan's video to see his setup, and then comment below and show us your own Home Screens. It's always fun to see other peoples' Home Screens, and with widgets and...
OLED iPad Pro and MacBook Pro

iPad and MacBook Models With OLED Displays Rumored to Launch in 2022

Thursday March 4, 2021 8:19 am PST by
Apple plans to release new iPad and MacBook models with OLED displays in 2022, according to industry sources cited by Taiwanese supply chain publication DigiTimes. The information was shared in the site's paywalled "Before Going to Press" section, so there are no further details yet, but the full report should be released by tomorrow. Apple has gradually increased its adoption of OLED...
Top Stories 48

Top Stories: iPhone 13 Leaks, OLED iPads and Macs, New AirTags Evidence

Saturday March 6, 2021 6:00 am PST by
iPhone rumors are heating up, with noted analyst Ming-Chi Kuo this week releasing a wide-ranging report outlining his expectations for the iPhone lineup over the next three years. This week also saw rumors about OLED displays potentially coming to iPad and Mac starting next year, increasing signs of AirTags functionality in iOS 14.5 betas, and more, so check out all of the details below! i...
imac pro while supplies last

iMac Pro No Longer Custom Configurable, Available 'While Supplies Last'

Friday March 5, 2021 10:14 pm PST by
Apple appears to be on the verge of discontinuing the iMac Pro, with the store page for the high-end all-in-one Mac including a "While supplies last" tagline and only the base model with no custom configurations available for purchase. The iMac Pro launched in December 2017, and while there have been a few tweaks to the available configurations over the years, it has received no substantial...