High Court Allows DOJ Oral Argument in Apple Antitrust Lawsuit Case

DOJ can appear during oral argument in Apple’s appeal of a class-action antitrust lawsuit alleging it monopolized distribution of App Store applications (see 1806180053), the Supreme Court decided Monday in Apple v. Robert Pepper, et al., docket 17-204. The solicitor general in May asked the court to grant Apple's petition, arguing the 9th Circuit misapplied Illinois Brick preventing indirect purchasers from seeking certain antitrust damages passed on by third parties (see 1805090051). States have “allowed indirect purchasers to sue under state antitrust law, leading to decades of experience that contradict the predictions and policy judgments underlying Illinois Brick,” 31 states argued in favor of Pepper. Computer & Communications Industry Association argued in favor of Apple, saying pass-through harm leads to duplicative damages claims in conflict with the high court’s precedents. Illinois Brick “preserves standing for a direct purchaser to recover damages for overcharges, whether or not those charges are passed along to downstream customers,” BSA|The Software Alliance argued. Open Markets Institute argued “Apple falsely implies its app store is a neutral and open marketplace. … Through contractual and technical restrictions, the company compels owners of iPhones and developers of iPhone apps to conduct business solely on its App Store and on its terms.”