Is 'Direct' Really Correct? Bricks, Tix, Kicks, and Apps after Apple v. Pepper
12 PM EDT
Illinois Brick’s direct purchaser rule says only “the overcharged direct purchaser, and not others in the chain of manufacture or distribution” can sue. How does the rule apply to online marketplaces, transaction platforms, or two-sided markets? Can contracts protect firms? A Supreme Court decision in Apple v. Pepper may help decide. A panel below held that iPhone users who purchase apps through the App Store can sue Apple because it is an app distributor. Is this an exception to the Illinois Brick rule, or a straightforward application of the rule? Join us to discuss important questions raised and litigation or contract strategies that might be used to protect your company or your claim.
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