“Apple filed for dismissal Friday of a long-standing antitrust case alleging it harmed digital music competitors and overcharged consumers for iPods,” Nick Statt reports for CNET.
“The reason? None of the plaintiffs in the case may have ever purchased any of those [allegedly] overpriced iPods,” Statt reports. “‘Because [the last remaining plaintiff in the case, Marianna Rosen made] no purchase of any allegedly affected iPod in the class period, she has suffered no damages and thus lacks standing under Article III of the United States Constitution,’ Apple’s lawyers wrote in a court filing Friday proposing an order granting its motion to dismiss.”
“It is required by law that a plaintiff suffer injury to bring a class action antitrust case to trial. Rosen doesn’t fit the bill, Apple says. The other plaintiff, Melanie Tucker, was known prior to trial to not have an eligible iPod purchase and was withdrawn from the case Friday,” Statt reports. “If the plaintiff’s lawyers are not able to provide evidence that Rosen purchased an affected device, there is the possibility that they could substitute in a new affected plaintiff or expand the class to a wider time frame to make Rosen’s other purchases eligible.”
Read more in the full article here.
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