Monday, November 06, 2023

Coronavirus Reporter v. Apple (9th Cir. - Nov. 3, 2023)

I'm not really sure why this opinion meets the standard for publication.

Plaintiffs want to sell apps called the "Coronavirus Reporter" and "Bitcoin Lottery" on Apple's App Store. But Apple doesn't allow bitcoin apps at all, and does allow COVID apps unless they're from a recognized health entity.

So plaintiffs sue. They (and their counsel) file a slapshot complaint that alleges antitrust violations with fifteen different alleged "relevant markets" and breach of contract even though they can't identify any part of the contract that Apple (which wrote the thing) allegedly violated. The district court dismisses the suit, and in a dozen pages, the Ninth Circuit affirms.

It's a pretty straightforward case, and it loses for fairly straightforward, easily-applied reasons.

No harm in publishing the thing, I guess. No real benefit -- that I can see, anyway -- either.