In Re Apple iPod iTunes Antitrust Litigation

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING AS PREMATURE PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

I. INTRODUCTION

Plaintiffs bring this class action against Defendant Apple Computer, Inc. (“Apple”), alleging violations of the Sherman Act, 15 U.S.C. § 2 , and related state law claims. Plaintiffs allege that Apple has committed unlawful acts in issuing software updates for its iPod, in violation of federal and state antitrust laws.

Presently before the Court are Defendant’s Motion for Summary Judgment and Plaintiffs’ Motion for Class Certification. The Court conducted a hearing on April 18, 2011. Based on the papers submitted to date and oral argument, the Court GRANTS in part and DENIES in part Defendant’s Motion for Summary Judgment and DENIES as premature Plaintiffs’ Motion for Class Certification.

II. BACKGROUND

A. Undisputed Facts

In 2003, Apple launched its iTunes music store (“iTS”). When Apple negotiated with record labels about the terms under which Apple could sell digital music files online through the iTS, most of the labels required that the digital music files be protected to guard against privacy. (Id. at 5; Id.…