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.
