Apple, AT&T Lose Bid to|Appeal Class Certification

     (CN) – The 9th Circuit refused to let Apple and AT&T appeal a federal judge’s decision allowing iPhone users to proceed with a class action accusing the companies of violating antitrust laws with their exclusive contract.




     In July, U.S. District Judge James Ware in San Jose, Calif., granted iPhone users’ motion for class certification, saying they “offered sufficient evidence of the ability to prove antitrust impact on a class-wide basis.”
     In their complaint, filed in 2007, users said they bought a required two-year contract with AT&T, which allegedly conspired with Apple to restrict voice and data service with other companies for five years after the contract expired.
     Apple and AT&T argued that the users failed to prove they had suffered any actual injuries from the alleged antitrust law violations.
     But Ware found it more appropriate to certify the class than to prosecute individual antitrust claims.
     AT&T and Apple asked the 9th Circuit for permission to appeal, but the federal appeals court denied their request.

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