[20181123]LSB10219_反垄断和iPhone：最高法院将考虑App Store客户是否可以起诉苹果垄断.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Antitrust and the iPhone: Supreme Court to Consider Whether App Store Customers Can Sue Apple for Monopolization November 23, 2018 On November 26, 2018, the Supreme Court will hear oral arguments in Apple v. Pepper, an antitrust case involving the iPhones App Store that may have significant implications for other electronic marketplaces like Google Play, eBay, and StubHub. In Pepper, the Court is considering whether purchasers of iPhone applications (apps) created by third-party developers may sue Apple (which distributes apps on behalf of developers) for monopolizing the market for such apps. Specifically, the Pepper case will require the Court to decide whether a doctrine of antitrust standing known as the “indirect purchaser” rule prevents app purchasers from suing Apple for charging app developers monopolistic commissions based on the theory that such commissions ultimately increase app prices. This Legal Sidebar discusses the Pepper litigation and its implications. First, the Sidebar provides an overview of the indirect purchaser rule. Second, the Sidebar reviews the history of the