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Markets

Apple and Amazon failed to win a dismissal of an iPhone price-fixing lawsuit against them

The antitrust lawsuit stems out of an agreement between the companies to restrict the number of resellers hawking Apple products

By Diego Lasarte·2 min read·Updated June 12, 2023
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A federal judge in Seattle rejected the proposed dismissal of a lawsuit targeting Apple $AAPL and Amazon $AMZN for inflating the prices of iPhones and iPads on Thursday (June 9).

Originally filed in November, the lawsuit targets a 2019 agreement between the two companies in which Amazon agreed to restrict the number of Apple resellers on its platform, in exchange for Apple giving Amazon a discount of up to 10% on its products.

In a motion to dismiss, lawyers for Apple argued that the agreement was meant to prevent the sale of counterfeit knockoffs of its products on Amazon.

The plaintiffs in the case are all US customers who purchased Apple products on Amazon after 2019.

There were as many as 600 Apple resellers on the site before the 2019 agreement, according to the initial complaint. Afterward, prices rose more than 10% on the Amazon marketplace, and discounts, which had been offered frequently, were discontinued.

Apple and Amazon were fined for a similar agreement by Italy’s antitrust authority in 2021, although the fine was overturned on appeal.

Amazon declined to comment on the judge’s decision in an email to Quartz, while Apple did not immediately respond to a request for comment.

Quotable: An anti-competitive agreement

“Erecting barriers to entry to keep competitors out and raising prices in the wake of their elimination is precisely the kind of conduct that Congress enacted antitrust laws to prevent.” — Plaintiff’s original complaint in November.

How big are Amazon and Apple? By the digits

$2.85 trillion: Apple’s market capitalization, making it the most valuable company in the world by that metric. Amazon’s is a little less than half that, at $1.27 trillion.

1,541,000: Number of Amazon employees, both part-time and full-time, making it the second-largest employer in the world.

2 billion: Number of worldwide active Apple devices, including MacBooks, iPhones, and iPads.

60%: Percentage of American households that subscribe to Amazon Prime. That’s about 147 million Prime accounts.

Related stories:

Apple’s Vision Pro announcement at WWDC didn’t mention the word “metaverse”

Apple is investing billions in US-made 5G components as it looks to move manufacturing out of China

Apple is making another bet on an emerging market in Asia

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