Apple Consumer Asks 9th Circ. To Revive ITunes Antitrust Suit

Law360, New York (May 1, 2012, 3:51 PM EDT) -- A consumer on Friday asked the Ninth Circuit to revive her putative class action claiming Apple Inc. had violated antitrust laws by encrypting iTunes songs, arguing the lower court erred in nixing her monopolization claims.

In a reply brief in support of her appeal, Stacie Somers argues that as a result of Apple’s anti-competitive actions, it faced no price competition from 2004 to 2008, until its rival Inc. was able to enter the market with 10 percent lower prices.

“The fact that Apple’s prices, by...
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