![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() By Charlotte PLANTIVE, Rob Lever Washington (AFP) May 13, 2019
The US Supreme Court ruled Monday that a consumer lawsuit accusing Apple of illegally monopolizing the company's App Store may proceed, opening a new avenue of antitrust litigation against the iPhone maker. In a 5-4 ruling, the justices rejected Apple's argument that consumers lacked standing to proceed with their lawsuit because the tech giant was merely an intermediary with app developers. The class-action lawsuit from 2011 maintains that Apple, which takes a 30 percent commission on app sales, abuses its monopoly position, resulting in higher prices. The opinion written by the newest court member, Justice Brett Kavanaugh, said consumers had a right to pursue their case because they have a direct relationship with Apple. "If a retailer has engaged in unlawful monopolistic conduct that has caused consumers to pay higher-than-competitive prices, it does not matter how the retailer structured its relationship with an upstream manufacturer or supplier," the opinion said. Kavanaugh was joined by liberal justices Ruth Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor and the case must now go back to a lower court for trial. - "We're not a monopoly' - A dissenting opinion written by Justice Neil Gorsuch and joined by other conservatives on the court agreed with Apple's argument that developers, not the company, sell to consumers and that the lawsuit is based on "pass-on" liability. "Plaintiffs can be injured only if the developers are able and choose to pass on the overcharge to them in the form of higher app prices that the developers alone control," Gorsuch wrote. Apple said it believed it would be successful in the lower court hearing the merits of the case. "We're confident we will prevail when the facts are presented and that the App Store is not a monopoly by any metric," the company said in an emailed statement. "We're proud to have created the safest, most secure and trusted platform for customers and a great business opportunity for all developers around the world. Developers set the price they want to charge for their app and Apple has no role in that." - Dealing with 'techlash' - The ruling comes amid a growing backlash against major tech companies that dominate key segments of the online economy. Democratic presidential candidate Elizabeth Warren has argued that big firms such as Facebook, Google and Apple should be broken up through antitrust enforcement. And Apple faces charges in Europe of abusing its platform by discriminating against rival apps, including one complaint from streaming music service Spotify. John Lopatka, a professor of antitrust law at Penn State University, said the latest ruling does not address the merits of the lawsuit but adds to the pressure on companies like Apple. "If you're a platform monopolist, you're a sitting duck. You're a target for antitrust challenges," Lopatka said. Apple could sidestep the controversy, according to Lopatka, by allowing apps to be purchased through certified outside parties. "Once you allow iPhone users to get apps elsewhere, the case disappears," he said. Some activists meanwhile hailed the decision as a victory in the battle against tech monopolies. "This is an important win in the public's fight against monopoly in the tech sector and elsewhere," said Sandeep Vaheesan of the Open Markets Institute, a think tank focused on antitrust issues. But Morgan Reed, president of ACT/The App Association, which represents 5,000 app makers and developers, said the ruling could open litigation floodgates. "We are extremely disappointed in the decision from the US Supreme Court to reward trial lawyers rather than developers," Reed said. "Platforms of all kinds have provided three key benefits for developers -- trust, reduction of overhead and global access to consumers." Ed Black of the Computer & Communications Industry Association, a trade group, said the ruling opens up digital platforms to liability for their role as "matchmaker companies" that connect consumers with services. "The decision may unintentionally expose businesses offering digital platform services to unintended liability," Black said in a statement. chp-rl/ft
![]() ![]() Smallest pixels ever created could light up color-changing buildings Cambridge UK (SPX) May 13, 2019 The smallest pixels yet created - a million times smaller than those in smartphones, made by trapping particles of light under tiny rocks of gold - could be used for new types of large-scale flexible displays, big enough to cover entire buildings. The colour pixels, developed by a team of scientists led by the University of Cambridge, are compatible with roll-to-roll fabrication on flexible plastic films, dramatically reducing their production cost. The results are reported in the journal Science ... read more
![]() |
|
The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us. |