Judge in Fortnite Case backed Apple in a similar 2013 situation

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U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, took over the Epic case Wednesday from another judge. Back in 2013, she dismissed a lawsuit claiming Apple’s apps monopoly cost consumers hundreds of millions of dollars in overcharges. Plaintiffs requested a new judge after the U.S. Supreme Court revived the case in 2019, saying Rogers was too hostile to their legal position, but an appeals court denied their request.

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In the 2013 case, consumers also attacked Apple’s 30% app store fee, arguing they would pay less if it weren’t for the “fixed” cost. Rogers reasoned that the cost is passed on to consumers by developers, rather than charged directly by Apple. Consumers don’t have a right to sue for antitrust violations over such passed-on charges, she ruled.

It’s not uncommon in federal courts for cases addressing related issues to be assigned to the same judge.

In 2014, Rogers ruled that iPod users failed to prove that Apple violated federal antitrust laws after a jury rejected their claims that software updates for the device were meant to block competitors.

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