The best account of Apple v. Pepper

If you can’t attend a Supreme Court session yourself, SCOTUSblog is the next best thing.

From Amy Howe’s Argument analysis: Justices poised to allow antitrust dispute against Apple over apps to go forward, posted Monday afternoon.

The Supreme Court heard oral argument this morning in a dispute between technology giant Apple and a group of iPhone users over the sale of apps from Apple’s App Store. The iPhone users are seeking massive damages from Apple, complaining that the company is violating federal antitrust laws by requiring the users to buy apps exclusively from the App Store. But as it comes to the justices, the case is about whether the iPhone users can bring their lawsuit at all: Apple contends that they cannot, because it is only selling the apps at the prices set by app developers. After 60 minutes of debate, there seemed to be at least five votes to allow the case to move forward, with only Chief Justice John Roberts appearing to be a clear vote for Apple. [more]

Court filings here.

My take: I defer to Howe. I’ve been burned too often trying to second-guess opinions from queries posed in court. But really, Uber, Airbnb and Etsy anyone?

See also:

One Comment

  1. Fred Stein said:
    Good point referring to other on-line market places.

    I think there is a fundamental disconnect between Washington and tech. Especially older established Washington. We saw this with Apple and Comey regarding the San Bernardino iPhone. Internet fraud, piracy, and predation are beyond the jurisdiction of the FBI or the Supreme Court. They can and should try to control, but trying is not the same as controlling . Old Washington does not understand being marginalized – period.

    To the case of the App Store, the challenge will be for the Supreme Court to understand there is no viable economic model to provide safety without control.

    November 27, 2018

Leave a Reply