Justice Brett Kavanaugh joined the bench's more liberal associate justices, Ruth Bader Ginsberg, Elena Kagan, Sonia Sotomayor and Stephen Breyer, in the court's legal blow to Apple
And for Apple critics like presidential candidate Sen. Elizabeth Warren , it may serve as fresh evidence for their contention that tech giants hold monopolistic control of their app stores, inviting what they say is a raft of abuses.
The court did not make a determination as to whether Apple had violated antitrust law. But it rejected the company's arguments as to why its App Store should be immune to antitrust lawsuits from disgruntled consumers.Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time., a 1977 case in which the Supreme Court found that only direct purchasers of goods or services can sue on antitrust grounds. Apple said app developers are its direct purchasers.
Apple had also argued that consumers should only be able to sue over excessive pricing if the end price results directly from the seller having marked it up. But the court said ruling in Apple's favor would open the door for other retailers to evade antitrust scrutiny by using a commission-based sales model. "Apple’s line-drawing does not make a lot of sense, other than as a way to gerrymander Apple out of this and similar lawsuits," Kavanaugh wrote.
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Supreme Court Says Consumers Can Sue Apple For Allegedly Monopolizing The App Store“Apple’s line-drawing does not make a lot of sense, other than as a way to gerrymander Apple out of this and similar lawsuits,” Justice Brett Kavanaugh wrote.
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