Skip to content

Apple Inc. v. Pepper

Docket No. Argument Opinion Vote Author Term
17-204 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.

DateProceedings and Orders (key to color coding)
08/02/2017Petition for a writ of certiorari filed. (Response due September 6, 2017)
09/06/2017Motion for leave to file amicus brief filed by Washington Legal Foundation.
09/06/2017Brief of respondents Robert Pepper, et al. in opposition filed.
09/06/2017Motion for leave to file amicus brief filed by ACT The App Association.
09/15/2017Objection 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.
09/20/2017DISTRIBUTED for Conference of 10/6/2017.
09/20/2017Reply of petitioner Apple Inc. filed. (Distributed)
10/10/2017The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/08/2018Brief amicus curiae of United States filed.
05/22/2018DISTRIBUTED for Conference of 6/7/2018.
06/11/2018DISTRIBUTED for Conference of 6/14/2018.
06/18/2018Motion for leave to file amicus brief filed by ACT The App Association GRANTED.
06/18/2018Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
06/18/2018Petition GRANTED.
06/25/2018Motion for an extension of time to file the briefs on the merits filed.
07/03/2018Motion 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.
08/07/2018Blanket Consent filed by Respondent, Robert Pepper, et al.
08/10/2018Brief of petitioner Apple Inc. filed.
08/10/2018Joint appendix filed. (Statement of costs received.)
08/16/2018Brief amicus curiae of R Street Institute filed.
08/17/2018Brief amicus curiae of Washington Legal Foundation filed.
08/17/2018Brief amicus curiae of United States filed.
08/17/2018Brief amicus curiae of Computer & Communications Industry Association filed.
08/17/2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
08/17/2018Brief amicus curiae of BSA | The Software Alliance filed.
08/17/2018Brief amicus curiae of Verizon Communications Inc. in support of neither party filed.
08/17/2018Brief amicus curiae of ACT The App Association filed.
09/10/2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/24/2018Brief of respondents Robert Pepper, et al. filed.
09/28/2018Blanket Consent filed by Petitioner, Apple Inc..
10/01/2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/01/2018Brief amici curiae of Antitrust Scholars filed.
10/01/2018Brief amici curiae of Texas, Iowa, and 29 Other States filed.
10/01/2018Brief amicus curiae of Open Markets Institute filed.
10/01/2018Brief amicus curiae of American Antitrust Institute filed.
10/09/2018SET FOR ARGUMENT ON Monday, November 26, 2018
10/11/2018Application (18A399) to extend the time to file a reply brief from October 24, 2018 to October 29, 2018, submitted to The Chief Justice.
10/15/2018Record requested from the U.S.C.A. 9th Circuit.
10/17/2018Application (18A399) granted by The Chief Justice extending the time to file petitioner's reply brief on the merits to and including October 29, 2018.
10/19/2018CIRCULATED
10/29/2018Reply of petitioner Apple Inc. filed. (Distributed)
11/26/2018Argued. 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.
05/13/2019Adjudged 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.
06/17/2019JUDGMENT ISSUED.