In Apple v Pepper, SCOTUS leaves home without its Amex
It might surprise some readers to learn that we think the Court’s decision today in Apple v. Pepper reaches — superficially — the correct result. But, we hasten to add, the Court’s reasoning (and, for that matter, the dissent’s) is completely wrongheaded. It would be an understatement to say that the Court reached the right result for the wrong reason; in fact, the Court’s analysis wasn’t even in the same universe as the correct reasoning. Below we lay out our assessment, in a post drawn from an article forthcoming in the Nebraska Law Review. Did the Court forget that, just last year, it decided Amex, the most significant U.S. antitrust case in ages? What is most remarkable about the decision (and the dissent) is that neither mentions Ohio v. Amex, nor even the two-sided market context in which the transactions at issue take place. If the decision in Apple v. Pepper hewed to the precedent established by Ohio v. Amex it would start with…
Read more detail on Recent Antitrust posts –
- Empirical SCOTUS: Without a swing vote, it’s game over for the Democrats The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court. Many Democrats oppose Judge Brett Kavanaugh’s nomination and will not vote to confirm him. […]
- SCOTUS Shortlister Judge Kethledge Has Read The Knick Briefs: "[T]he Takings Clause does not say that private property shall not 'be taken for public use, without just compensation, and without a remedy in state court.'" It wasn't going to be too hard to figure out what the U.S. Court of Appeals for the Sixth Circuit was going to do in Lumbard v. City of Ann Arbor, No. 18-1258 (Jan. 10, 2018). After […]
- Dr. Pepper gets an upset tummy: Court approves conjoint analysis/price premium model in ginger ale class action Fitzhenry-Russell v. Dr. Pepper Snapple Group, Inc., 2018 WL 3126385, No. 17-cv-00564 (N.D. Cal. Jun. 26, 2018) (magistrate judge)Canada Dry Ginger Ale allegedly deceived consumers with […]
- Ninth Circuit Gives Supermarkets Coupon For Second Bite At The Antitrust Apple California's largest supermarkets will have another chance to argue that actions they took in response to a labor strike did not violate antitrust laws. This second bite at the apple […]
- Is Dr. Pepper Pulling (Hawaiian) Punches in Enforcement Efforts? On a recent shopping trip, I couldn’t help but notice some interesting brand extensions inside and outside the stores. My encounter inside involved Burt’s Bees . The brand encompasses a […]
- Apple Case Could Affect How Antitrust Cases Are Viewed in the Future A pending U.S. Supreme Court ruling could force a radical change in the way manufacturers distribute their products to consumers via third parties. In Apple V. Pepper, a lower court ruled […]
- Apple & Google relationship being investigated for antitrust violations Federal Trade Commission opened an investigation following the question of knowing if the close links between the councils of two of technologies most important companies, Apple and […]
- Apple Facing Antitrust Charges?
Sparxoo is a business blog that inspires breakthrough by tomorrow's leaders. We are a strategy consulting firm with a pulse on marketing, branding, and development.
- EU launches antitrust probe of Apple, other music companies (bizjournals.com via Yahoo! Finance) The European Commission said Tuesday it has launched an antitrust investigation into the music-pricing structure for Apple Inc.s iTunes Store and other music sellers.
Read more detail […]
- Where J Crew leaves us David Faber at CNBC tells us what he really thinks about J Crew's "process" and the attempts to make it all right: The bottom line: go-shops are a waste of time. Fairness […]