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by abduhl 2352 days ago
This is an unfair treatment of the decision. The question addressed by the court isn’t “who is the cause of supracompetitive prices?” but rather “if Apple is the cause, can consumers sue?”

Apple’s defense argued that only the app developers could sue under a certain view of the precedent where Apple’s role as a pass through is essentially transparent to the law. Their argument attempted to shift who the customer was ultimately doing business with: Apple or the app developer.

One of the theories underpinning the precedential rule is that not stopping impacted downstream parties from suing may potentially subject Apple to multiple liability. Apple argued that they were already liable to app developers so shouldn’t also be liable to consumers. The Court is saying here that that theory does not hold water because Apple, as a middleman, may be liable to both upstream and downstream parties (damages from app developers and consumers, respectively).