A federal judge dismissed a consumer class action against Apple Inc., Monday, in a suit accusing the firm overcharging customers for iPhone applications through alleged monopolized control of independent software developers.
U.S. District Judge Yvonne Gonzalez Rogers said Apples’ 30 percent cut of the app charges is simply a fee that is passed on to consumers and not part of monopoly conduct.
Rogers said the consumers attempted to argue Apple set fixed prices in concert with independent software developers and took a 30 percent share of the price.
But in fact the consumers were indirect purchasers who paid Apple a fee, via a pas-through, and thus have no standing to claim they were the victims of anti-trust violations.
The allegations that iPhone owners were overcharged hundreds of millions of dollars for paid apps dies.
“Plaintiffs are barred from bringing claims because they are indirect purchasers,” she said. Rogers tossed the lawsuit, filed in 2011.
Case: In re Apple iPhone Anittrust Litigation, No. 11-cv-6714YGR
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