Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Hot Companies in Digital Health
The United States District Court for the District of New Jersey denied Apple, Inc.’s motion to dismiss a civil antitrust lawsuit filed by a bipartisan coalition of 16 AGs and the DOJ. The complaint alleges that Apple...more
The Justice Department has a long and rich history of targeting dominant companies using antitrust monopolization tools — looking back to the 1980s, it was AT&T; in the 1990s, it was Microsoft; and in 2023, DOJ has brought a...more
Notable Cases - Here are a few of the major cases of interest within the state Attorneys General community that are receiving significant press coverage. ...more
The FAA has once again given Boeing the green light to send its troubled 737 Max models into the sky, “20 months after it was grounded following two fatal crashes blamed on faulty software and a host of company and government...more
The European Union has unveiled a new antitrust probe and accompanying charges against Amazon over alleged the “use of non-public business data from independent sellers on its marketplace that could benefit the company’s own...more
The WTO—already on shaky ground with the White House—did little to endear itself on Tuesday with a decision giving the EU “permission to impose tariffs on $4 billion worth of American products annually in retaliation for...more
The United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we’re examining the...more
Technology products are increasingly characterized by their ability to facilitate interconnectedness. More and more, tech innovators find themselves subject to increasing scrutiny under global competition laws when they...more
On May 13, 2019, the Supreme Court issued a 5–4 decision holding that iPhone owners who purchased applications through Apple’s App Store were “direct purchasers” who could sue Apple for monopolization....more
In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court's most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court...more
In a 5–4 decision, in Apple, Inc. v. Pepper, the U.S. Supreme Court (the “Court”) followed the its 1977 precedent in Illinois Brick v. Illinois, which limits the assertion of antitrust damage claims to the first purchaser...more
On May 13, 2019, the Supreme Court issued its most recent decision relating to antitrust class action litigation. The case, Apple Inc. v. Pepper, No. 17-204, could represent a significant shift in antitrust class action...more
In a 5-4 split decision, the U.S. Supreme Court appears to have reworked a longstanding precedent that has been a foundation of antitrust litigation for more than 40 years—the “direct purchaser” rule of Illinois Brick, which...more
In a recent decision decided on May 13, 2019, the Supreme Court allowed an antitrust suit to move forward against Apple. Consumers brought suit based on Apple’s operation of its App Store – which serves as the exclusive...more
In a 5-4 ruling issued on Monday, the U.S. Supreme Court in Apple Inc. v. Pepper determined that iPhone users may proceed with their claims against Apple over its alleged anticompetitive app store practices. The decision...more
• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more
The United States Supreme Court decided this week that purchasers of apps through the Apple App Store have standing under federal antitrust law to bring a class-action lawsuit against the tech giant....more
Wondering if you’re a direct purchaser from a monopoly? There’s a Supreme Court ruling for that. Our Antitrust Team downloads the Court’s Apple v. Pepper decision and considers its conclusions and implications....more
On May 13, 2019, the Supreme Court ruled in favor of iPhone owners who are suing Apple. The iPhone owners claim that Apple, through its App Store, has established a monopoly and uses that power to charge consumers more for...more
In APPLE INC. v. PEPPER ET AL., case number 17-204, the United States Supreme Court considered a case alleging Apple has monopolized the retail market for the sale of apps and has unlawfully used its monopolistic power to...more
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...more
On May 13, 2019, the Supreme Court decided Apple Inc. v. Pepper, No. 17-204, holding that iPhone owners who purchase apps from Apple’s App Store are “direct purchasers” from Apple and may sue Apple for alleged monopolization...more
Fascinating weekend feature from the Journal exploring how Sears Roebuck went from the dominant force in American retailing to the bankrupt shell of a company that it is now—all within a period of just 40 years....more