Apple loses appeal bid, allowing consumer class action lawsuit

Apple has failed to persuade a U.S. appeals court to consider blocking a class-action lawsuit accusing the iPhone maker of monopolizing the iPhone app market and maintaining artificially high prices for tens of millions of customers.

The 9th U.S. Circuit Court of Appeals on Friday rejected Apple’s request for a pretrial appeal after a California federal judge in February allowed consumers to unite to seek billions of dollars in alleged damages.

U.S. District Judge Yvonne Gonzalez Rogers certified a class of consumers who spent at least $10 on Apple apps or in-app purchases since 2008. The lawsuit, filed in 2011, accuses Apple of violating U.S. antitrust law by too strictly limiting how customers can download applications.

Apple did not immediately respond to a request for comment on Tuesday. An appeals court panel rejected Apple’s appeal without a hearing.

(For the top tech news of the day, sign up for our Today’s Cache tech newsletter)

Mark Rifkin, attorney for the class, welcomed the appeals court’s ruling in a statement Tuesday.

“Apple has left no stone unturned in this 17-year-long lawsuit that has failed at every stage of the proceedings,” he said.

Apple argued that Rogers’ ruling would unfairly allow at least 10 million App Store accounts to be included in the case without the plaintiffs showing alleged harm to account holders.

Lawyers for Apple’s clients urged the 9th Court not to hear the case, arguing that Rogers “faithfully” followed prior rulings in deciding to approve class status.

Apple compared it to the Google class action lawsuit brought by 21 million consumers, which the 9th Circuit said would be heard last year. But the appeals court never ruled in the Google case after the trial judge said he would invalidate his order approving the class action lawsuit.

Both sides in the Apple case have suggested a possible 2026 trial window.

The U.S. Department of Justice in March separately charged Apple in federal court in New Jersey with monopolizing the smartphone market. Apple has denied these claims and said it would ask a judge to dismiss the lawsuit.

The case concerns the Apple iPhone antitrust case, 9th U.S. Circuit Court of Appeals, No. 24-875.

For Apple: Theodore Boutrous Jr of Gibson, Dunn & Crutcher

For plaintiffs: David Frederick of Kellogg, Hansen, Todd, Figel and Frederick