A group of French app developers, including Société du Figaro, the developer behind the Figaro news app, and Le Geste, an association of French publishers, have voluntarily withdrawn their lawsuit against Apple in U.S. federal court. The decision comes after U.S. District Judge Yvonne Gonzalez Rogers in Oakland substantially limited the scope of their case last month.
The app developers had accused Apple, headquartered in Cupertino, California, of overcharging them for the use of its App Store. Specifically, they claimed that Apple’s 30% commission on the sale of paid apps amounted to an abuse of the company’s monopoly power over software distribution to iOS devices.
However, Judge Gonzalez Rogers ruled last month that the claims related to foreign sales could not proceed in U.S. courts, stating that they were “barred without exception.” The judge also denied the developers’ request to amend their complaint.
Following the dismissal of the case, a lawyer representing the app developers, Steve Berman of Hagens Berman Sobol Shapiro, confirmed to Reuters that they intend to file a legal action against Apple in France.
Apple has not issued an immediate response to the development.
In their August 2022 lawsuit, the app developers argued that Apple’s practices were detrimental to iOS device consumers, alleging that they stifled innovation and limited choice within the app ecosystem.
Apple’s legal team countered by asserting that U.S. antitrust claims could not be brought regarding transactions between French developers and foreign consumers conducted on foreign App Store platforms, in foreign currencies, and through foreign (non-party) Apple entities.
This lawsuit was one of several private civil cases targeting Apple over allegations of violating U.S. antitrust regulations. Last year, Apple reached a $100 million settlement to resolve claims brought by small app developers who contended that the company imposed excessive app store commissions. Hagens Berman, the same firm representing the French app developers, also represented the developers in that case.
More recently, a U.S. judge ruled that Apple must face claims from a prospective class of payment card issuers, also represented by Hagens Berman, accusing the tech giant of unlawfully attempting to stifle competition for its mobile wallet service, Apple Pay.
The withdrawal of the French app developers’ lawsuit signifies a development in the ongoing legal challenges surrounding Apple’s App Store practices as the company navigates both domestic and international legal actions.
The case was filed as Societe du Figaro et al. v. Apple, U.S. District Court, Northern District of California, No. 4:22-cv-4437-YGR.
Representation:
For plaintiffs: Steve Berman of Hagens Berman Sobol Shapiro
For defendant: Cynthia Richman of Gibson, Dunn & Crutcher
