New lawsuit alleges Apple and Amazon have engaged in “price fixing” since 2019

A sizzling potato: A couple of years in the past, Amazon partnered with Apple to restrict the variety of distributors on its market promoting Apple merchandise. Retailers, together with refurbishers, must soar by way of hoops to grow to be an Apple “Approved Reseller.” That plan did not pan out effectively for a lot of Amazon storefronts, and now each firms are named in an antitrust lawsuit alleging “worth fixing.”

A lawsuit was filed on Thursday alleging that Apple and Amazon entered an settlement in 2019 to purposefully limit the variety of third-party resellers on the storefront to remove competitors and interact in worth fixing. Hagens Berman, the regulation agency representing the case, says that the 2 firms explicitly focused resellers providing Apple merchandise underneath MSRP.

The declare filed in US District Courtroom, Washington, says that the 2 tech giants colluded to snuff competitors and “keep premium pricing for Apple merchandise.” In change for banning third-party retailers, Apple agreed to promote its merchandise on to Amazon at a reduced wholesale worth.

“[This] illegal horizontal settlement between Apple and Amazon [aimed] to remove or at the very least severely cut back the aggressive menace posed by third-party retailers,” claimed Hagens Berman.

The attorneys allege that Amazon lowered third-party Apple retailers by 98 p.c, bringing the numbers from 600 to solely seven. This purge allowed Amazon to grow to be the highest Apple vendor on its market, the place beforehand, it was “a marginal vendor.”

“Out there information point out that there have been at the very least 100 distinctive resellers providing iPhones and at the very least 500 resellers of iPads on Amazon’s platform earlier than the settlement, and after, not more than seven remained, a lower of 98% of third-party Apple product resellers,” the submitting claims.

The swimsuit factors out that earlier than the settlement, competitors between third-party Apple resellers was heavy, leading to “steeply discounted” costs. Nevertheless, the submitting fails to say whether or not the choices had been new or refurbished objects. Sellers broadly feared that the Apple/Amazon association would put refurbishers out of enterprise.

On the counter facet of the coin, the swimsuit doesn’t acknowledge that Amazon has lengthy had an issue with counterfeit resellers on its market, and Apple merchandise had been one of many sizzling objects for pretend sellers. In 2016, Apple discovered that 90 p.c of apple accent resellers had been counterfeiters.

Equipment weren’t the one issues both. On a number of events, Apple has additionally needed to deal with fraudulent iPhones and iPads. Whereas not at all times linked on to Amazon, authorities have busted Apple rip-off artists a number of occasions with hundreds of thousands of {dollars} in look-alike telephones and tablets. It is an issue nonetheless happening right this moment.

The lawsuit asks the court docket to put an injunction on Amazon to stop it from banning third-party Apple distributors. It additionally desires an unspecified money settlement to reimburse clients that “overpaid” it for Apple merchandise.



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