Illinois Brick After Apple v. Pepper

On May 13, 2019, the Supreme Court issued its opinion in Apple v. Pepper. The Court had an opportunity to overhaul the Illinois Brick rule, which dictates that only the first or direct purchaser, rather than subsequent or indirect purchasers, may recover damages from an antitrust violator. The Court could have followed the Antitrust Modernization Committee’s suggestion to allow both direct and indirect purchaser suits for the same conduct. The Court also had a chance to explain how longstanding antitrust doctrines apply to technology platforms.