The US Court of Appeals for the Ninth Circuit affirms the District Court’s denial of class certification and the dismissal of the complaint with prejudice (Sommers / Apple)

If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing* In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in connection with Apple’s iPod and its Tunes Music Store. The case illustrates the dangers of failing to adequately allege a price effect caused by a defendant’s purportedly anticompetitive conduct. On behalf of a putative class, Somers

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  • Dechert (San Francisco)

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Howard M. Ullman, The US Court of Appeals for the Ninth Circuit affirms the District Court’s denial of class certification and the dismissal of the complaint with prejudice (Sommers / Apple), 3 September 2013, e-Competitions US Private Enforcement, Art. N° 56411

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