Supreme Court clears way for iPhone users to sue Apple over App Store prices

Justice Brett Kavenaugh sided with the court's four liberal justices.

May 13, 2019, 10:47 AM

A divided Supreme Court on Monday cleared the way for iPhone owners to sue Apple for alleged "higher-than-competitive prices" for apps sold in App Store.

"A claim that a monopolistic retailer (here, Apple) has used its monopoly to overcharge consumers is a classic antitrust claim," wrote Justice Brett Kavanaugh in the majority opinion, joined by the court's liberal justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

PHOTO: Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington, D.C., Nov. 30, 2018.
Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington, D.C., Nov. 30, 2018. From left: Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh. Seated from left to right, Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg and Associate Justice Samuel Alito.
Mandel Ngan/AFP/Getty Images

"Apple asserts that the consumer-plaintiffs in this case may not sue Apple because they supposedly were not 'direct purchasers' from Apple," he says. "We disagree. The plaintiffs purchased apps directly from Apple and therefore are direct purchasers."

PHOTO: The Apple logo is displayed outside of a store.
The Apple logo is displayed outside of a store.
Jack Taylor/Getty Images

The opinion does not resolve the merits of the consumers' allegations against Apple, rather simply allows them to proceed in court.

In dissent, Justices Neil Gorsuch, John Roberts, Clarence Thomas and Samuel Alito said court precedent should have blocked the lawsuit.

"This court held that an antitrust plaintiff can't sue a defendant for overcharging someone else who might (or might not) have passed on all (or come) of the overcharge to him," Gorsuch wrote. "This replaces a rule of proximate cause and economic reality with an easily manipulated and formalistic rule of contractual privity."

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