IPhone users’ lawsuit accusing Apple of breaking federal antitrust laws by monopolizing the market for iPhone apps and inflating prices may not hold water in the Supreme Court, according to FOX News senior judicial analyst Judge Andrew Napolitano.
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“This is an odd antitrust lawsuit,” he told FOX Business’ Maria Bartiromo on Monday. “It doesn’t say you’re overcharging. It doesn’t say you caused me to lose money. It doesn’t say you’re unfairly competing against me because the complainants here are the consumers who say, ‘We love the iPhone, we just want to be able to get apps from another source.’ To which Apple says, ‘Then go get that other person’s iPhone, which of course that doesn’t exist’.”
The technology giant headed to the high court on Monday where nine justices will hear Apple’s argument that they are selling the apps to iPhone users at the prices that the developer sets and urges the Supreme Court to dismiss the lawsuit, arguing the case threatens the e-commerce industry.
“This was filed in California in San Francisco — Apple lost. Apple lost at the 9th Circuit. Apple … asked the Supreme Court to take it the case. You have to get permission for the Supreme Court to take your case. There’s no automatic right to appeal,” he said. “The Supreme Court said, ‘Yes we will hear it,’ before Justice Kavanaugh joined. I think Justice Kavanaugh is a vote for Apple and I think Apple will prevail.”
Napolitano said Apple has a good case because it isn’t harming the consumer, but he added that if the consumer prevails it would probably create a new industry for third-party app distributors.
“The plaintiffs’ argument is that’s better for the economy because competition improves the product and if there were more app stores… that would create more commerce and that would generate more wealth,” said Napolitano.