06/08/23 | Court Denies Amazon and Apple’s Motion to Dismiss Price-Fixing Claims
U.S. District Judge John C. Coughenour denied Apple and Amazon’s motion to dismiss a class-action lawsuit accusing the tech companies of violating federal antitrust laws by illegally restricting the number of sellers of Apple iPhones and iPads on Amazon’s platform. Amazon and Apple denied that their behavior was anticompetitive or had injured consumers, but the court responded that, “…the facts as alleged would constitute an offense—regardless of how Defendants would prefer to frame them—and…they are sufficient to survive a motion to dismiss.” The court’s June 8, 2023 decision allows the lawsuit to proceed.
Hagens Berman’s Steve Berman said of the decision, “This means the lawsuit is completely intact under one of the claims, and these two tech giants will have to answer for over-pricing of iPads and iPhones.”
Did you buy a new iPhone or iPad from Amazon.com between 2019 and the present? You may have overpaid due to an allegedly illegal agreement between Apple and Amazon. Fill out the form to find out your consumer rights »
WHAT'S THE ISSUE?
According to the class-action lawsuit, Amazon and Apple agreed to illegally restrict the number of sellers of Apple iPhones and iPads on Amazon, violating federal antitrust laws. The complaint states that this agreement between Apple and Amazon allegedly resulted in less competition and higher prices for Apple iPhones and iPads purchased via Amazon.com in the U.S. market.
HOW DO I KNOW IF I'M AFFECTED?
Attorneys believe the alleged agreement affected consumers who fit the following three criteria. If your purchase was affected, fill out the form to find out your consumer rights.
- Product Purchased: Any model Apple iPhone or iPad
- Timeframe: Jan. 2019-Present
- Seller: Purchased from Amazon.com
ABOUT THE APPLE & AMAZON PRICE-FIXING
According to the lawsuit, Amazon and Apple agreed to limit the number of sellers of Apple products via Amazon.com, effectively lowering competition for sales and inflating iPhone and iPad prices. We believe that this alleged organized agreement severely decreased the number of companies on Amazon’s marketplace selling Apple’s iPhones and iPads, leading to artificially inflated prices.
Many Apple sellers disappeared from the platform in 2019, and even many legacy products continuously sold before and after 2019 were apparently “relisted” under different Amazon Standard Identification Numbers. Internally conducted studies show unusually high-priced maximum offers immediately following Jan. 2019, compared to lower price offers that preceded 2019.
YOUR CONSUMER RIGHTS
Attorneys believe Apple and Amazon intentionally colluded to raise prices for consumers, and their behavior likely violates your consumer rights. Attorneys say Apple already charges its customers a premium price for the devices it manufactures and sells, and Amazon touts its marketplace as a fair online retail experience for all. The lawsuit states that by agreeing to lower the number of sellers of Apple products, and consequently decreasing competition, Amazon and Apple have unfairly rigged the market against consumers. Hagens Berman believes you deserve reimbursement under the law, and our antitrust team will fight for your rights to damages against these companies.
TOP CONSUMER-RIGHTS FIRM
Hagens Berman is one of the most successful consumer litigation law firms in the U.S. and has achieved settlements valued at more than $320 billion for plaintiffs. Hagens Berman achieved a combined $616 million settlement in an antitrust lawsuit against Apple and various publishing companies on behalf of purchasers of e-books. Our firm has also filed other high tech cases involving price-fixing against Amazon that are pending in court. Your claim will be handled by experts in price-fixing law.
NO COST TO YOU
In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the legal team for the class.
CASE TIMELINE
U.S. District Judge John C. Coughenour denied Apple and Amazon’s motion to dismiss a class-action lawsuit accusing the tech companies of violating federal antitrust laws by illegally restricting the number of sellers of Apple iPhones and iPads on Amazon’s platform. Amazon and Apple denied that their behavior was anticompetitive or had injured consumers, but the court responded that, “…the facts as alleged would constitute an offense—regardless of how Defendants would prefer to frame them—and…they are sufficient to survive a motion to dismiss.” The court’s June 8, 2023 decision allows the lawsuit to proceed.
Hagens Berman’s Steve Berman said of the decision, “This means the lawsuit is completely intact under one of the claims, and these two tech giants will have to answer for over-pricing of iPads and iPhones.”
