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02 Oct 2018 Antitrust Standing – Is There An App for That?

In the next few months, the Supreme Court will hear arguments in Apple Inc. v. Pepper (In re Apple iPhone Antitrust Litig.), a potentially significant “application” of antitrust law to e-commerce. At stake is the almost $11.5 billion in revenue the App Store now earns Apple annually (not to mention what other types of app stores generate these days).   The case will address the interpretation of the Supreme Court’s “direct purchaser” rule in deciding who can sue under the antitrust laws (specifically, Section 4 of the Clayton Act) and the application of that rule to purchasers in the electronic marketplaces that play a large and ever-growing role in the economy and consumers’ lives.   While at first glance this might seem to be slightly…