Apple Inc. v. Pepper
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-204 | 9th Cir. | Nov 26, 2018 | May 13, 2019 | 5-4 | Kavanaugh | OT 2018 |
Holding: Respondents, who purchased apps for their iPhones though Apple"s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
Judgment: Affirmed, 5-4, in an opinion by Justice Kavanaugh on May 13, 2019. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Divided court allows antitrust lawsuit against Apple to continue (Amy Howe, May 13, 2019)
- Argument analysis: Justices poised to allow antitrust dispute against Apple over apps to go forward (Amy Howe, November 26, 2018)
- Argument preview: Justices to consider whether antitrust lawsuit by iPhone users can go forward (Amy Howe, November 19, 2018)
- Five new grants, one CVSG, but no Arlene's Flowers (Amy Howe, June 18, 2018)
- Court issues orders from last week's conference (Amy Howe, October 10, 2017)
| Date | Proceedings and Orders |
|---|---|
| 08/02/2017 | Petition for a writ of certiorari filed. (Response due September 6, 2017) |
| 09/06/2017 | Motion for leave to file amicus brief filed by Washington Legal Foundation. |
| 09/06/2017 | Brief of respondents Robert Pepper, et al. in opposition filed. |
| 09/06/2017 | Motion for leave to file amicus brief filed by ACT The App Association. |
| 09/15/2017 | Objection to motions of the App Association and the Washington Legal Foundation to fie briefs in support of petitioner from respondents Robert Pepper, et al. filed. |
| 09/20/2017 | DISTRIBUTED for Conference of 10/6/2017. |
| 09/20/2017 | Reply of petitioner Apple Inc. filed. (Distributed) |
| 10/10/2017 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/08/2018 | Brief amicus curiae of United States filed. |
| 05/22/2018 | DISTRIBUTED for Conference of 6/7/2018. |
| 06/11/2018 | DISTRIBUTED for Conference of 6/14/2018. |
| 06/18/2018 | Motion for leave to file amicus brief filed by ACT The App Association GRANTED. |
| 06/18/2018 | Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. |
| 06/18/2018 | Petition GRANTED. |
| 06/25/2018 | Motion for an extension of time to file the briefs on the merits filed. |
| 07/03/2018 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 10, 2018. The time to file respondents' brief on the merits is extended to and including September 24, 2018. |
| 08/07/2018 | Blanket Consent filed by Respondent, Robert Pepper, et al. |
| 08/10/2018 | Brief of petitioner Apple Inc. filed. |
| 08/10/2018 | Joint appendix filed. (Statement of costs received.) |
| 08/16/2018 | Brief amicus curiae of R Street Institute filed. |
| 08/17/2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| 08/17/2018 | Brief amicus curiae of United States filed. |
| 08/17/2018 | Brief amicus curiae of Computer & Communications Industry Association filed. |
| 08/17/2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 08/17/2018 | Brief amicus curiae of BSA | The Software Alliance filed. |
| 08/17/2018 | Brief amicus curiae of Verizon Communications Inc. in support of neither party filed. |
| 08/17/2018 | Brief amicus curiae of ACT The App Association filed. |
| 09/10/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/24/2018 | Brief of respondents Robert Pepper, et al. filed. |
| 09/28/2018 | Blanket Consent filed by Petitioner, Apple Inc.. |
| 10/01/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/01/2018 | Brief amici curiae of Antitrust Scholars filed. |
| 10/01/2018 | Brief amici curiae of Texas, Iowa, and 29 Other States filed. |
| 10/01/2018 | Brief amicus curiae of Open Markets Institute filed. |
| 10/01/2018 | Brief amicus curiae of American Antitrust Institute filed. |
| 10/09/2018 | SET FOR ARGUMENT ON Monday, November 26, 2018 |
| 10/11/2018 | Application (18A399) to extend the time to file a reply brief from October 24, 2018 to October 29, 2018, submitted to The Chief Justice. |
| 10/15/2018 | Record requested from the U.S.C.A. 9th Circuit. |
| 10/17/2018 | Application (18A399) granted by The Chief Justice extending the time to file petitioner's reply brief on the merits to and including October 29, 2018. |
| 10/19/2018 | CIRCULATED |
| 10/29/2018 | Reply of petitioner Apple Inc. filed. (Distributed) |
| 11/26/2018 | Argued. For petitioner: Daniel M. Wall, San Francisco, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondents: David C. Frederick, Washington, D. C. |
| 05/13/2019 | Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined. |
| 06/17/2019 | JUDGMENT ISSUED. |