15 May Virginia: Special Cases – a Lawyer’s Apple
On May 13, 2019, the United States Supreme Court ruled 5-4 against Apple in Apple, Inc. v. Pepper, et al., No. 17-204, affirming that 4 iPhone users who were direct purchasers of iPhone apps from Apple had standing to sue Apple for allegedly unlawfully monopolizing the aftermarket for iPhone apps. Apple is notable for opinion-author Justice Kavanaugh unexpectedly breaking ranks with the Court’s conservative block as majority swing vote, and may presage a new wave of antitrust enforcement against other tech goliaths like Facebook and Google too. Go Plaintiff consumers!