Federal Judge Decides, Apple Could Be Sued Grouply For Monopoly App Store

Apple can be grouped up by its customers. (photo: x @tim_cook)

JAKARTA - Federal judge on Friday 2 February, said tens of millions of Apple subscribers could demand group action accusing the company of monopolizing the iPhone app market by banning purchases outside its App Store, leading to higher prices.

US District Judge Yvonne Gonzalez Rogers refused in March 2022 to approve group action, but changed his mind after the group was narrowed to include only Apple account holders spending $10 (Rp157 thousand) or more on app or in-app content.

While it remains "worry" that the narrowed group may include more than 10 million accounts that suffer no loss, or 7.9% of the total, Rogers said the number could be reduced and no "cutting" remains to reject certification.

Miami-based judge California also rejected Apple's attempts to exclude testimony it deems unreliable from two expert witnesses, including Nobel Prize recipient economist Daniel McFadden, about how the company may have harmed consumers.

Apple, based in Cupertino, California, did not immediately respond to a request for comment.

Mark Rifkin, a lawyer for consumers, said he was "very happy" and was looking forward to the next phase of the case of violating the 12-year-old age competition law. He estimates that the group suffered "billions of dollars in losses."

Group action can result in a greater return at a less cost than if the plaintiffs are forced to sue individually.

Rogers has also overseen cases of violating Epic Games competition law, the creator of the video game "Fortnite", against Apple.

In September 2021, he ordered Apple to relax restrictions on where developers can seek customer payments for their apps, but quit short of ordering Apple to allow downloads to iPhones beyond its App Store.

The federal appeals court defended most of the ruling in April 2023, and the US Supreme Court refused to engage last month.