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Case Detail


Apple Inc. v. United States
On March 7, 2016, the U.S. Supreme Court issued a one- sentence order declining to review an appeals court decision that incorrectly applied antitrust principles to condemn as per se unlawful market behavior that ultimately benefitted consumers. The decision was a setback for WLF, which urged the Court to grant review. The case involved Apple’s decision to provide a platform for retail sales of e-books, a decision that benefitted consumers through lower overall prices and increased retail competition. The appeals court nonetheless ruled that Apple violated antitrust laws by signing contracts that led some publishers to raise their prices. WLF argued that the appeals court erred when it concluded that Apple’s conduct was per se illegal. Instead, the court should have evaluated Apple’s conduct under the rule of reason, which requires courts to take into account all the procompetitive aspects of an antitrust defendant’s conduct before deciding whether the conduct was unreasonable.
Case Status:
Petition for certiorari denied.
More Information and Downloads:
3/18/2014: Download the Brief
12/2/2015: Download the Brief
Publishers Weekly:  Amicus Briefs Support Apple's Supreme Court Bid 
Press Release: WLF Seeks to Reverse Government Antitrust Attack on Apple for Bringing Competition to E-book Market
Press Release: WLF Seeks to Reverse Antitrust Ruling Against Apple for Bringing Competition to E-Book Market
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