> Apple filed a petition for writ of certiorari to the Supreme Court in August 2017, posing the question "whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense". The Court agreed to hear the case in June 2018.[8] Oral arguments were held on November 26.[9] [10] Court observers stated that the four liberal Justices were joined by three of the conservative ones, Justices Alito, Gorsuch, and Kavanaugh, as to side with consumers on the question of standing.[11] Justice Sonia Sotomayor stated that Apple's practice creates a closed loop that impacts the price paid by consumers.[12] Justice Neil Gorsuch considered that the prior decision from Illinois Brick may need to be overturned at the federal level, as at least 30 states have rejected the Illinois Brick doctrine.[12]
> The Court issued its 5-4 decision on May 13, 2019, affirming the Ninth Circuit's decision that consumers did have standing under Illinois Brick to sue Apple for antitrust practices. Justice Bret Kavanaugh, writing for the majority, stated that under the test of Illinois Brick, consumers were directly affected by Apple's fee and were not secondary purchasers, that consumers could sue Apple directly since it was Apple's fee that affected the prices of the apps, and that while the structure for any damages that consumers may win in the continuing suit may be complicated, this is not a factor to determine the standing of the suit. Kavanaugh was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. The decision remanded the class-action case to continue in lower courts, though did not rule on any of the antitrust factors otherwise at the center of the case.
> Apple filed a petition for writ of certiorari to the Supreme Court in August 2017, posing the question "whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense". The Court agreed to hear the case in June 2018.[8] Oral arguments were held on November 26.[9] [10] Court observers stated that the four liberal Justices were joined by three of the conservative ones, Justices Alito, Gorsuch, and Kavanaugh, as to side with consumers on the question of standing.[11] Justice Sonia Sotomayor stated that Apple's practice creates a closed loop that impacts the price paid by consumers.[12] Justice Neil Gorsuch considered that the prior decision from Illinois Brick may need to be overturned at the federal level, as at least 30 states have rejected the Illinois Brick doctrine.[12]
> The Court issued its 5-4 decision on May 13, 2019, affirming the Ninth Circuit's decision that consumers did have standing under Illinois Brick to sue Apple for antitrust practices. Justice Bret Kavanaugh, writing for the majority, stated that under the test of Illinois Brick, consumers were directly affected by Apple's fee and were not secondary purchasers, that consumers could sue Apple directly since it was Apple's fee that affected the prices of the apps, and that while the structure for any damages that consumers may win in the continuing suit may be complicated, this is not a factor to determine the standing of the suit. Kavanaugh was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. The decision remanded the class-action case to continue in lower courts, though did not rule on any of the antitrust factors otherwise at the center of the case.