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App Store monopoly lawsuit tossed, for now

A case accusing Apple of running a monopoly with its App Store has been dismissed, but could be filed again.

Josh Lowensohn Former Senior Writer
Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.
Josh Lowensohn
2 min read

A lawsuit aimed at Apple, which claimed that the company had a monopoly on applications for the iPhone, has been dismissed.

In a ruling on Thursday, U.S. District Judge Yvonne Gonzalez Rogers dismissed the case on a technicality, saying the plaintiffs hadn't purchased any of the software at issue, and therefore couldn't sue Apple over it, Bloomberg reported. A lawyer for the plaintiffs told Bloomberg the group plans to refile the complaint.

The original suit was filed against Apple and its App Store in 2011, claiming the company had created a monopoly in delivering software to end-users and taking a 30 percent cut along the way. The complaint also targeted a deal Apple made with AT&T, since -- for a time -- it was the only U.S. carrier to offer the iPhone.

Some competitors, though notably Google, allow users to install third-party software stores on their portable devices. Amazon has capitalized on this, creating its own mobile software store as well as services for developers to add to their apps.

Apple's App Store turned five last month, and now boasts more than 900,000 apps. During that time, the company's gone on to pay developers $10 billion with the 70 percent cut of published software, while its own share has helped fuel the growth of its iTunes business.

The dismissal comes just a month after a decision in separate antitrust case filed against Apple and book publishers by the Department of Justice, accusing the companies of conspiring together to raise the price of e-books. A New York judgesided with the DOJin that case, and a trial to determine the damages is set for next May.