High Court Clarifies Standards For Antitrust Claims

By Boris Bershteyn, Paul Eckles, Karen Hoffman Lent, Matthew Martino and Danielle Menitove (May 14, 2019, 4:57 PM EDT) -- 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,[1] or at least clarify how it should be applied....

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