A monopoly abuse lawsuit against Apple and its US network partner AT&T can continue as a class action against the two companies, a federal judge has ruled.
AT&T, the exclusive US provider for the iPhone, has come under withering criticism from the phone’s users over its network quality since the smartphone went on sale in 2007.
The agency said an amended complaint filed in June 2008 deals with Apple’s practice of “locking” iPhones with AT&T’s network and its control over the applications that can be installed on its smartphone. The lawsuit also consolidates those filed by iPhone buyers starting in late 2007.
Parts of the lawsuit that deal with violations to antitrust law can continue as a class action, Judge James Ware of the US District Court for the Northern District of California ruled.
The lawsuit — which includes any iPhone buyer with a two-year AT&T agreement since June 2007 — also claims Apple secretly made AT&T its exclusive iPhone partner in the US for five years, dampening competition and driving up prices.
Early in June, AT&T announced plans to stop offering its unlimited pricing plan for new subscribers to its mobile data services, in an effort to improve the speed of its network by cutting down on network-clogging downloads.
According to the lawsuit, consumers found themselves locked into a five-year relationship with AT&T, AP said.
The lawsuit seeks an injunction to keep Apple from selling locked iPhones in the US and from determining what iPhone programs people can install. It also seeks damages to cover legal fees and other costs, the report said.
Apple initially struck an exclusive agreement with O2 when the iPhone first went on sale in the UK. However, rival phone networks were granted access to the device last year.
Reuters














