iPhone Owners Not Necessarily Required to Arbitrate Monopolization Claims Against Apple

more+
less-

iPhone, iPhone 3G and 3GS

(Photo credit: Wikipedia)

In In re Apple iPhone Antitrust Litig., No. C 11-06714 JW (N.D. Cal. July 11, 2012) (Ware, J.), the court found that arbitration provisions in consumers’ service agreements with AT&T Mobility, LLC (“ATTM”) did not necessarily apply to antitrust claims brought by a class of consumers against Apple. Two of the plaintiffs’ three causes of action involved an alleged aftermarket for applications for the iPhone, and thus might pertain solely to Apple’s solitary actions with regard to applications for its iPhones. They thus might not be “intertwined with” the service agreement issued by ATTM. Because ATTM was a necessary party but had not been joined, the court gave the plaintiffs leave to amend their complaint to add ATTM, and denied Apple’s motion to compel arbitration without prejudice.

[View source.]

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Howard Ullman, Orrick, Herrington & Sutcliffe | Attorney Advertising

Written by:

more+
less-

Orrick, Herrington & Sutcliffe on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×