Key Issue
Whether the district court abused its discretion in denying
class certification without conducting the "rigorous
analysis" required by Comcast Corp. v. Behrend, 569
U.S. 27 (2013), based on the plaintiff 's failure to provide
sufficient evidence of a common class-wide injury.
Background
On January 7, 2007, Apple announced that it had entered into an
exclusivity agreement with AT&T. Under the terms of the
agreement, AT&T would be the only authorized provider of
wireless voice and data services for Apple iPhones in the United
States for five years. In exchange, the two companies agreed to
share revenue for voice and data services received from iPhone
customers. Apple further agreed to install SIM card "Program
Locks" on all phones, to prevent customers from using other
cellular networks.13
