Case Detail

Apple, Inc. v. Pepper
On September 6, 2017, WLF filed a brief in the U.S. Supreme Court, urging it review (and ultimately overturn) a Ninth Circuit decision that exposes antitrust defendants to multiple recoveries. 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 will complicate antitrust litigation and will 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:
Awaiting decision.
More Information and Downloads:
9/6/2017: Download the Brief

  • Welcome to the Washington Legal Foundation
  • 2009 Massachusetts Ave., NW
    Washington, DC 20036
  • info@wlf.org  |  ph. 202-588-0302
    ©2018 WLF All Rights Reserved