Apple loses bid to appeal order allowing consumer antitrust class action

Apple has failed to persuade a U.S. appeals court to consider blocking a class action that accuses the iPhone maker of monopolizing the market for iPhone apps and keeping prices artificially high for tens of millions of customers.

Apple has failed to persuade a U.S. appeals court to consider blocking a class action that accuses the iPhone maker of monopolizing the market for iPhone apps and keeping prices artificially high for tens of millions of customers.

The 9th U.S. Circuit Court of Appeals on Friday rejected Apple’s bid for a pretrial appeal after a California federal judge in February allowed consumers to band together to pursue billions of dollars in alleged damages.

U.S. District Judge Yvonne Gonzalez Rogers certified a class of consumers who spent $10 or more on Apple app or in-app purchases since 2008. The lawsuit, filed in 2011, accuses Apple of violating U.S. antitrust law by too tightly restraining how customers download apps.

Apple did not immediately respond to request for comment on Tuesday. The appeals court panel denied Apple’s appeal without a hearing.

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Mark Rifkin, an attorney for the class, welcomed the appeals court's order in a statement on Tuesday.

"Apple has left no stone unturned in this 17 year old litigation, and it has been unsuccessful at every stage of the proceedings," he said.