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 likely overpaid due to a pricing scheme between Apple and Amazon designed to artificially inflate costs. Fill out the form to find out your consumer rights »
WHAT'S THE ISSUE?
According the class-action lawsuit, Amazon and Apple agreed to illegally restrict the number of sellers of Apple iPhones and iPads on the Amazon platform, violating federal antitrust laws. This scheme between Apple and Amazon 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?
We believe Apple and Amazon’s price-fixing scheme has 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: January 2019 – the present
- Seller: Purchased from Amazon.com
ABOUT THE APPLE & AMAZON PRICE-FIXING
An investigation has revealed that Amazon and Apple agreed to limit the number of sellers of Apple products via Amazon.com, effectively lowering competition for sales and competition of iPhone and iPad prices. While some third-party sellers have operated in tandem, we believe that this organized agreement severely decreased companies on Amazon’s marketplace selling Apple’s iPhones and iPads, leading to antitrust price-fixing conditions.
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 ASINs. Internally conducted studies show unusually high-priced maximum offers immediately following January 2019, compared to lower price offers that preceded 2019.
YOUR CONSUMER RIGHTS
We believe Apple and Amazon intentionally colluded to raise prices for consumers, and their behavior violates your consumer rights. Apple already charges its customers a premium, high price for the devices it manufactures and sells, and Amazon touts its marketplace as a fair online retail experience for all. By orchestrating this scheme to lower the number of sellers, decrease competition and increase prices, Amazon and Apple have unfairly rigged the market against consumers, and you deserve reimbursement under the law. 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 more than $320 billion in settlements for consumers in lawsuits against technology corporations, device makers and others. Hagens Berman won a suit against Apple and various publishing companies that settled for a total $560 million on behalf of purchasers of e-books who had been forced to pay artificially high prices. The firm has also filed other High Tech cases involving price-fixing against Amazon that are pending in court currently. Your claim will be handled by experts in consumer price-fixing law.
NO COST TO YOU
There is no cost or fee whatsoever involved in joining this action. 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. In no case will any class member ever be asked to pay any out-of-pocket sum.
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.”
