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antitrust class action lawsuit
Published in: Intellectual Property Newsletter

Apple Antitrust Class Action Lawsuit

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Antitrust Class Action Lawsuits: The Apple App Store Case and Why You Need an Experienced IP Attorney

In 2011, an antitrust class action lawsuit was filed a  case against Apple for violating antitrust laws. More specifically, the antitrust class action lawsuit revolves around how Apple has used its locked-down iPhone ecosystem to build a monopoly in its after-market sales of iPhone Apps.  The $7 billion lawusit is currently facing a February 2026 trial date. The lawsuit currently includes all consumers who spent more than $10 on Apple Apps or instore purchases from 2008.

In today’s digital economy, tech giants wield unprecedented power over markets and consumers. As these companies grow, so do concerns about monopolistic practices that could stifle competition and innovation. The recent class action lawsuit against Apple over its App Store is just one of several high profile cases which highlight the complex intersection of antitrust law and intellectual property rights.

Apple class action lawsuits
Previously, the US Supreme Court ruled that Apple is subject to class action lawsuits based on its sales of Apps through the Appstore.

The basis of the Apple class action antitrust lawsuit is that Apple charges app developers a 30% fee for selling apps through the Appstore. This increased fee caused a higher fee for sellers who passed these higher fees onto its App purchasers which decreased competition and overcharged consumers. Actions which decrease competition are generally considered unlawful and are in violation of Section 2 of the Sherman Act.

The Apple Antitrust class action lawsuit is based on the fact that iPhone owners were forced into buying apps only from Apple’s Appstore. In a more competitive environment, purchasers could purchase apps from other retailers resulting in greater competition and lower prices.

The Apple App Store Monopoly Case

In October 2024, the federal judge assigned to the case revised the scheduling order and and included February 2026 trial date for a $7 billion class action lawsuit against Apple.

Key Points of the Lawsuit:

  1. The case alleges that Apple artificially inflated the 30% sales commission charged to developers on its App Store.
  2. Plaintiffs claim these overcharges are passed down to consumers through increased app prices.
  3. The class action represents all U.S. Apple customers who spent $10 or more on Apple app or in-app purchases since 2008.
  4. Damages are currently estimated between $7 billion and $10 billion but this number will likely change based on the revised expert report which is currently scheduled to be produced in August of 2025.

This lawsuit is just one facet of the broader scrutiny tech giants like Apple, Facebook and Google face regarding their in-house advertising and App Store practices. In addition to the consumer class action, the U.S. Department of Justice has also filed an antitrust lawsuit against Apple in New Jersey, accusing the company of illegally monopolizing the smartphone market.

The Broader Context: Tech Monopolies and Antitrust Actions

The Apple case is part of a larger trend of antitrust actions against tech giants. The U.S. government and various states have been increasingly active in challenging what they perceive as monopolistic practices in the tech industry. These cases often involve complex issues of intellectual property rights, market dominance, and consumer choice.

Key Areas of Concern:

  1. Control over advertisements and app distribution and payment systems
  2. Restrictions on third-party developers
  3. Limitations on cross-platform functionality
  4. Suppression of competing technologies

Why You Need an Experienced IP Attorney

Navigating the complex landscape of antitrust law and intellectual property rights requires specialized expertise. Here’s why an experienced IP attorney is crucial:

  1. Understanding the Intersection of IP and Antitrust Law: IP rights can sometimes conflict with antitrust principles. An experienced attorney can help balance these competing interests.
  2. Navigating Complex Legal Frameworks: Antitrust cases involve intricate legal theories and economic analyses. A skilled IP attorney can help interpret and apply these concepts effectively.
  3. Protecting Your Innovations: While challenging monopolistic practices, it’s crucial to ensure your own intellectual property rights are protected. An IP attorney can help safeguard your innovations.
  4. Compliance Strategies: For businesses, an IP attorney can help develop strategies to maintain market competitiveness while avoiding antitrust violations.
  5. Representing Plaintiffs or Defendants: Whether you’re considering joining a class action or defending against antitrust claims, an IP attorney can provide invaluable guidance.
  6. Understanding Technological Nuances: In tech-related antitrust cases, a deep understanding of the underlying technology is crucial. IP attorneys often have the technical background to grasp these nuances.
  7. Negotiating Settlements: Many antitrust cases end in settlements. An experienced IP attorney can help negotiate favorable terms.

The Stakes Are High

The Apple Antitrust Class Action Lawsuit demonstrates the enormous financial implications of antitrust actions. With potential damages in the billions, the outcome of this case could reshape the app economy and set precedents for future antitrust litigation in the tech sector.For businesses operating in the digital space, the risk of facing similar accusations or the opportunity to challenge unfair practices makes it essential to have expert legal counsel. An experienced IP attorney can help you navigate these complex issues, protect your interests, and ensure compliance with evolving antitrust regulations.

Take Action Now

Don’t wait until you’re facing an antitrust challenge or missing out on opportunities to level the playing field. Our firm’s experienced IP attorneys are well-versed in the intricate dance between intellectual property rights and antitrust law. We can help you:

  • Assess your current practices for antitrust compliance
  • Develop strategies to protect your innovations while maintaining fair competition
  • Represent your interests in antitrust litigation or class actions
  • Navigate the complex regulatory landscape of the tech industry

Contact us today for a consultation. Let our expertise in IP and antitrust law be your competitive advantage in the ever-evolving digital marketplace. Don’t let monopolistic practices stifle your business or innovation – take the first step towards ensuring a fair and competitive environment for all.