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Back in 2011, a group of consumers filed a lawsuit stating Apple’s App Store is a monopoly since it is the only software marketplace available for the iPhone. That suit has now been dismissed by the overseeing U.S. District Judge, according to Bloomberg. However, the dismissal was only due to the plaintiffs not being “in a legal position to bring the suit as they hadn’t bought the applications at issue in the case.” Furthermore, “the complaint can still be amended and refiled.”

The case itself is meant to demonstrate how the App Store, with its 30 percent fee paid by developers, should be considered an anti-trust issue since Apple does not allow for other application marketplaces to be installed:

Apple requires iPhone software developers to turn over 30 percent of what they charge for an application, increasing prices and excluding competitors from the iPhone “aftermarket” of applications, according to the suit.

A refiled case is expected shortly from the plaintiffs.