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Class Action Insights From Justices' App Store Opinion

Law360 (June 3, 2019, 1:02 PM EDT) -- On May 13, 2019, the U.S. Supreme Court issued its opinion in Apple Inc. v. Pepper et al.,[1] a blockbuster antitrust case masquerading as an arcane procedural decision. The decision exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms who otherwise would have had to proceed under state law as indirect purchasers. The decision also offers an early glimpse into the antitrust approach (and judicial temperament) of Justice Brett Kavanaugh, who may not be the business-friendly conservative most assumed he would be.

The Dispute

The plaintiffs in Apple were purchasers of applications from Apple’s App Store.[2] As Justice...

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