On August 17, 2018, WLF filed a brief with the U.S. Supreme Court, urging it to reinstate the trial court’s dismissal of a class action by iPhone users seeking treble antitrust damages for Apple’s allegedly improper distribution of iPhone software applications, or “apps.” The case asks the Court to decide whether downstream consumers have standing to sue under § 4 of the Clayton Act, despite the court’s 41-year-old Illinois Brick rule that only the direct purchaser of a good or service may sue an allegedly abusive monopolist for damages. In its brief, WLF argues that by holding that the plaintiffs may seek antitrust damages simply because Apple “functions” as a “distributor,” the Ninth Circuit has paved the way for both direct and indirect purchasers to recover treble damages for the same alleged antitrust violation. That potential for double recovery, WLF’s brief explains, upsets the business community’s long and reasonable reliance on Illinois Brick’s direct-purchaser rule. WLF also supported Apple’s petition for certiorari with an amicus brief filed in September 2017.

8/17/2018 Merits Brief

9/6/2017 Cert-Stage Brief