Indirect Purchasers Seek to Join I-Pod Antitrust Litigation

Update: May 2009: A Northern District of California Judge dismissed the claim that Apple improperly tied I-pods to its itunes music software.  The court found that the company did not link the sale of the two products and that either could be used without the other.

A class of plaintiffs that have purchased I-Pods from retailers other than Apple itself are seeking to join an on-going class action alleging that Apple violated the antitrust laws by limiting its itunes music and video distribution system to function only with I-Pod portable music and video players.  Plaintiffs allege that as a result of this practice, Apple is able to charge supra-competitive prices for I-Pods and exclude competitors.  The Northern District of California Court is currently considering the original direct-purchaser plaintiffs’ motion for class certification.

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