On May 13th, the U.S. Supreme Court, in a 5-4 decision, affirmed the Ninth Circuit’s decision denying a motion to dismiss a consumer class action claiming that Apple monopolized the after-market in its sales of iPhone software applications (hereinafter “apps”) by charging app developers a 30% fee that resulted in allegedly higher-than-competitive prices to consumers on Apple’s sales through its App Store. [1] In a decision written by Justice Kavanaugh, and joined, in an unusual alliance with a conservative Justice, by the four liberal Justices Ginsburg, Breyer, Sotomayor, and Kagan, the majority rejected Apple’s contention that the consumer plaintiffs were “indirect purchasers” from the app developers who determine app selling prices, and thereby were barred from suing Apple by the Supreme
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The US Supreme Court rules that purchasers of apps from a Big Tech company’s online store can bring an antitrust suit for overcharges (Apple / Pepper)
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