The US Supreme Court holds that consumers are direct purchasers of apps and consequently have standing to sue an app store owner for monopolisation and high prices (Apple / Pepper)

On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of the aftermarket for iPhone apps in violation of Section 2 of the Sherman Act. The decision is notable because many had wondered whether the Court would use this case as an opportunity to overrule Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), or at least clarify how it should be applied. In a putative class action brought by purchasers of iPhone apps, the plaintiffs alleged that Apple monopolized the retail market for the sale of apps and unlawfully used its monopolistic power to charge consumers higher-than-competitive prices. Although Apple sells apps

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