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A California federal judge dismissed — for now — a lawsuit accusing Apple of unfairly banning apps from its App Store, ruling that the tech giant has “considerable discretion” in deciding which apps make the cut.

In his Wednesday order, U.S. District Judge Jeffrey S. White granted Apple’s motion to dismiss claims by Sarafan Mobile Ltd., a video editing app developer whose apps, including Reely, were removed from the platform. Sarafan alleged breach of contract, business interference, and antitrust violations, but Judge White found the complaint lacked key legal support.

The court gave Sarafan three weeks to file another amended complaint.

Apple’s Broad Power Under Developer Agreements

Judge White pointed to the Apple Developer Program License Agreement (DPLA) and Apple Developer Agreement (ADA), both of which grant Apple sweeping authority to terminate developer accounts.

“The covenant of good faith and fair dealing does not alter Apple’s right to terminate the agreement for any or no reason,” he wrote, emphasizing Sarafan had no reasonable expectation of indefinite access to the App Store.

Apple revoked Sarafan’s developer account in 2023, citing concerns of potential spam and fraud after business partners of Sarafan’s founder, Viktor Seraleev, created a separate account under a different entity. Apple concluded the situation was not a mix-up, leaving the ban in place.

Antitrust Allegations Fall Flat

Sarafan also claimed Apple illegally monopolized iOS app distribution by banning third-party app stores. But Judge White said Sarafan failed to establish a valid antitrust market or consumer harm.

He noted that consumers are generally aware Apple restricts iOS devices to the App Store, particularly given the popularity of “jailbreaking” tools. Thus, claims of a hidden aftermarket restriction could not stand.

“Ultimately, the conduct alleged by Sarafan is Apple’s decision to terminate Sarafan’s account — a decision which primarily harms Sarafan, not the market,” White ruled.

Apple Not Alone in Sarafan’s Crosshairs

Apple isn’t the only tech titan Sarafan has battled. Last year, the developer also sued Google and Meta after Reely was pulled from Google Play, allegedly due to a complaint by Instagram over icon similarities with its Reels logo. That suit was voluntarily dropped after settlement talks.

Representation

Apple is represented by Chris Johnstone, Jennifer Milici, John O'Toole, and Mark A. Ford of WilmerHale.
Sarafan is represented by Vinod Nichani of Nichani Law Firm and Evgeny Krasnov and Adrienne Yoseph of Buzko Krasnov.