16 May 2019
Attorneys general from 30 states and the District of Columbia had urged the Supreme Court to revisit and overturn its 1977 decision in Illinois Brick, which drew a “bright-line” distinguishing who could sue for antitrust damages. But in issuing its ruling related to Apple on Monday, the majority said “there was no occasion” to consider the state’s arguments. In his dissent, Justice Neil Gorsuch pondered the questions about recovering damages under Illinois Brick, but determined this was not the case for it. We have much more on the court’s Apple v Pepper decision as well as a pair of stories out of the Stigler Center’s annual conference in Chicago.