In a setback to Apple, a judge in the UK has refused Apple’s bid to have a lawsuit filed against it dismissed.

That lawsuit, valued at around A$1.56 billion, was brought against the American tech major by more than 1,500 UK-based developers who allege unfair commission fees on purchases of apps and other content.

Judge Andrew Lenon ruled on Friday that Apple could not have the case quashed.

The developers allege that Apple charges them unfair commissions of up to 30 per cent. The developer’s case is being led by Sean Ennis, a competition law professor and economist, and it was filed at London’s Competition Appeal Tribunal (CAT) last year.

Ennis’ lawyers contend that Apple abused its leading market position for the distribution of apps on iPhones and other Apple devices and it is therefore liable to pay damages.

FILE PHOTO: A man holds an iPhone 14 as Apple Inc’s new models go on sale at an Apple store in Beijing, China, September 16, 2022. REUTERS/Thomas Peter/File Photo

“The charges are unfair in their own right and constitute abusive pricing,” Ennis added at the time of filing the lawsuit last year. “They harm app developers and also app buyers.”

Apple however says that 85 per cent of developers on its App Store do not pay any commission at all.

Apple’s lawyer Daniel Piccinin said at a hearing earlier this year that developers cannot have a claim in the UK unless they were charged on purchases made through the UK App Store.

This is the second major legal setback that Apple has recently contended with in the UK. In November, a London court rejected the company’s efforts to dismiss a A$5.92 billion mass lawsuit which alleges that it concealed faulty batteries in millions of iPhones. That class action lawsuit represents around 24 million iPhone users in the UK who are pursuing damages of approximately A$3 billion plus interest.