A California Resident Rides the Trend of Claiming that Apple's 'App Store' is an Unlawful Monopoly and Files a Class Action
Patently Apple posted a report on March 13 titled "Spotify has filed a Formal Complaint against Apple with the European Commission about its Unfair Apple Store." On May 6th we posted our first follow-up report titled "The EU Antitrust Commission will reportedly begin a Formal Investigation into Apple that started with a Spotify Complaint." Our second follow-up report posted on May 17th presented a video of the EU Commissioner all but confirming that her office would be investigating the matter related to the 'App Store.'
We also reported back in March that even Democrat Presidential candidate Elizabeth Warren claimed that if she was elected she would force Apple to choose between running their platform or App Store but not both.
Getting ahead of any formal ruling on the App Store being classified a monopoly by the EU's Antitrust Commission, California resident Edward Lawrence decided to file a Class Action Complaint against Apple for violation of the Sherman Act.
The Sherman Act broadly prohibits (1) anticompetitive agreements and (2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The lawsuit is about the Apple Store being a monopoly and harming consumers.
Under the "Nature of the Case" segment of the complaint filed with the court by Mr. Lawrence it states: "This lawsuit is brought as a class action on behalf of individuals and entities that purchased software known as “applications” through their Apple iPhone from the “App Store” owned and operated by Defendant Apple during the period beginning as early as June 2007 and continuing through the present (the “Class Period”). Plaintiff alleges that during the Class Period the Defendant engaged in a litany of anticompetitive conduct and practices designed specifically to unlawfully monopolize, fix, raise, maintain or stabilize prices for applications sold through its “iTunes” store or its “App Store” in the United States."
Causes for Action
Count 1: Violation of Sherman Act § 2: Unlawful Monopolization
Count 2: Violation of Sherman Act § 2: Attempted Monopolization
For more details on this case, review the full Class Action lawsuit filings below provided to you courtesy of Patently Apple
Lawrence vs Apple - May 23, 2019 by Jack Purcher on Scribd
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