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Apple v. Pepper

Updated Sep 18, 2026

In brief

iPhone owners who bought apps from Apple’s App Store can pursue their antitrust claim against Apple.

Where it stands
Decided

Decided 5-4 · May 13, 2019 · Opinion by Justice Kavanaugh

What it’s about
This case asked whether iPhone owners who bought apps through Apple’s App Store could sue Apple for allegedly monopolizing the market for iPhone apps and charging higher prices.
Who it affects
The ruling allows the iPhone owners’ antitrust damages claim against Apple to continue. It did not decide whether Apple actually monopolized the app market or owes damages.

Summary: written with AI from the case record.

Illustration for Apple, Inc. v. Pepper
Conceptual illustration · AI-generated

What it's about

The Court held that because consumers bought the apps directly from Apple, they were direct purchasers and could bring an antitrust damages claim.

The case applied Illinois Brick, an earlier antitrust decision that limits who may seek damages for an alleged overcharge.

Question presented

Whether consumers may sue for antitrust damages anyone who delivers goods to them, even where they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.

What the Court decided

Holding

Under Illinois Brick , the iPhone owners were direct purchasers who may sue Apple for alleged monopolization. 846 F. 3d 313, affirmed.

Result
Affirmed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Kavanaughwrote the opinion
  2. Kagan
  3. Ginsburg
  4. Breyer
  5. Sotomayor
Dissenting · 4disagreed with the result
  1. Gorsuchwrote the dissent
  2. Roberts
  3. Thomas
  4. Alito
5 justices joined the judgment, 4 dissented.

From the opinions

““Yet today the Court lets a pass-on case proceed.””

— Justice Gorsuch(dissent)

What's next

The Supreme Court has finished its action in this case. The iPhone owners may continue pursuing their claim in the lower courts.

Documents

2

Docket activity

5
  • New analysis added

    Sep 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 18, 2026 · Generated

  • Opinion added: opinion

    May 13, 2019 · Court records

  • Brief added: Questions Presented

    Court records

More questions

4
What did the Supreme Court decide in Apple v. Pepper?
The Court upheld the Ninth Circuit’s ruling that iPhone owners were direct purchasers and may sue Apple for alleged monopolization.
Who can sue Apple under this ruling?
The iPhone owners who bought apps through Apple’s App Store may bring an antitrust damages claim against Apple.
Did Apple v. Pepper decide whether Apple broke antitrust law?
No. The Court decided who may bring the claim, not whether Apple monopolized the app market or owes damages.
What happens next in Apple v. Pepper?
The Supreme Court’s action is complete. The iPhone owners may continue their antitrust claim in the lower courts.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 18, 2026Methodology

Court records and filings

Reporting and analysis