R.I.P. Scout26
The Supreme Court’s decision in Illinois Brick, Kavanaugh explained, “established a bright-line rule that authorizes suits by direct purchasers but bars suits by indirect purchasers.” Here, it was clear to Kavanaugh (as well as to Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, who joined his opinion) that the iPhone users were direct purchasers from Apple and therefore could bring an antitrust lawsuit against the company, because they “bought the apps directly from Apple.”
