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Apple Inc. v. Pepper

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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

DateProceedings and Orders (key to color coding)
Aug 02 2017Petition for a writ of certiorari filed. (Response due September 6, 2017)
Sep 06 2017Motion for leave to file amicus brief filed by Washington Legal Foundation.
Sep 06 2017Brief of respondents Robert Pepper, et al. in opposition filed.
Sep 06 2017Motion for leave to file amicus brief filed by ACT The App Association.
Sep 15 2017Objection 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.
Sep 20 2017DISTRIBUTED for Conference of 10/6/2017.
Sep 20 2017Reply of petitioner Apple Inc. filed. (Distributed)
Oct 10 2017The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 08 2018Brief amicus curiae of United States filed.
May 22 2018DISTRIBUTED for Conference of 6/7/2018.
Jun 11 2018DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018Motion for leave to file amicus brief filed by ACT The App Association GRANTED.
Jun 18 2018Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jun 18 2018Petition GRANTED.
Jun 25 2018Motion for an extension of time to file the briefs on the merits filed.
Jul 03 2018Motion 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.
Aug 07 2018Blanket Consent filed by Respondent, Robert Pepper, et al.
Aug 10 2018Brief of petitioner Apple Inc. filed.
Aug 10 2018Joint appendix filed. (Statement of costs received.)
Aug 16 2018Brief amicus curiae of R Street Institute filed.
Aug 17 2018Brief amicus curiae of Washington Legal Foundation filed.
Aug 17 2018Brief amicus curiae of United States filed.
Aug 17 2018Brief amicus curiae of Computer & Communications Industry Association filed.
Aug 17 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 17 2018Brief amicus curiae of BSA | The Software Alliance filed.
Aug 17 2018Brief amicus curiae of Verizon Communications Inc. in support of neither party filed.
Aug 17 2018Brief amicus curiae of ACT The App Association filed.
Sep 10 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 24 2018Brief of respondents Robert Pepper, et al. filed.
Sep 28 2018Blanket Consent filed by Petitioner, Apple Inc..
Oct 01 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 01 2018Brief amici curiae of Antitrust Scholars filed.
Oct 01 2018Brief amici curiae of Texas, Iowa, and 29 Other States filed.
Oct 01 2018Brief amicus curiae of Open Markets Institute filed.
Oct 01 2018Brief amicus curiae of American Antitrust Institute filed.
Oct 09 2018SET FOR ARGUMENT ON Monday, November 26, 2018
Oct 11 2018Application (18A399) to extend the time to file a reply brief from October 24, 2018 to October 29, 2018, submitted to The Chief Justice.
Oct 15 2018Record requested from the U.S.C.A. 9th Circuit.
Oct 17 2018Application (18A399) granted by The Chief Justice extending the time to file petitioner's reply brief on the merits to and including October 29, 2018.
Oct 19 2018CIRCULATED
Oct 29 2018Reply of petitioner Apple Inc. filed. (Distributed)
Nov 26 2018Argued. 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.
May 13 2019Adjudged 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.
Jun 17 2019JUDGMENT ISSUED.