Case Detail

Apple, Inc. v. Pepper
On June 18, 2018, the U.S. Supreme Court agreed to review a Ninth Circuit decision that exposes antitrust defendants to multiple recoveries. The decision was a victory for WLF, which filed a brief urging that review be granted. In order to prevent the possibility of multiple recoveries arising from a single course of conduct, the Supreme Court ruled 40 years ago that standing to assert claims for antitrust damages is limited to the immediate victims of the anticompetitive conduct—the direct purchasers. The Ninth Circuit adopted an extremely broad definition of who qualifies as a “direct purchaser,” an outcome that would complicate antitrust litigation and expose numerous companies to duplicative claims. WLF argued that the appeals court decision is inconsistent with Supreme Court precedent and threatens to chill the very sorts of competition that the antitrust laws are designed to encourage.
Case Status:
Victory; review granted. WLF will file another brief, urging that the Court overturn the Ninth Circuit decision.
More Information and Downloads:
9/6/2017: Download the Brief

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