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Digital Business Lawyer

Apple urges US Supreme Court to reject app antitrust claims

Should Apple be subject to antitrust claims by consumers for the terms and commissions it imposes on developers? During the next term of the US Supreme Court, the Court will hear the case of Apple Inc. v. Pepper1, which could have broad implications for e-commerce platforms that offer goods and services for third parties. While the case focuses on Apple’s iPhone application (‘app’) platform, the Supreme Court’s decision in this case could affect numerous online marketplaces such as Amazon, Google, eBay, Stubhub, and Facebook’s ‘Marketplace,’ by determining which parties have proper standing to bring antitrust claims when platforms offer others’ goods and services. The case also calls into question the modern day application of Supreme Court precedent dating back to 1977, and whether the Ninth Circuit Court of Appeals’ (‘the Ninth Circuit’) ruling in this case rejecting the 1977 Supreme Court doctrine should be overturned, as Michelle Cohen, Member at Ifrah Law PLLC and Member of the Digital Business Lawyer Editorial Board, explains.

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