The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under the indirect-purchaser rule (Apple / Pepper)

In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court held that iPhone owners who purchased software applications (“apps”) from Apple’s App Store are “direct purchasers” and therefore have standing to sue Apple for alleged monopolization of an aftermarket for iPhone apps. The Apple opinion narrows the so-called Illinois Brick defense, expands opportunities for private antitrust litigation, and warrants careful assessment by retailers, distributors, and companies operating electronic marketplaces. While some companies might consider restructuring distribution arrangements to mitigate increased exposure from this decision, such

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  • Jones Day (Sillicon Valley)
  • Jones Day (Houston)
  • Jones Day (Los Angeles)
  • Jones Day (Washington DC)

Quotation

Craig A. Waldman, J. Bruce McDonald, Kate Wallace, Thomas Forr, The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under the indirect-purchaser rule (Apple / Pepper), 13 May 2019, e-Competitions Bulletin May 2019, Art. N° 90866

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