Skip to main content

Apple v. Pepper: The Supreme Court could rule the App Store is a monopoly

The Supreme Court is skeptical that the App Store isn't a monopoly

Apple is facing yet another antitrust case. The subject this time? Apps. Earlier this year, the Supreme Court agreed to hear Apple Inc. v. Pepper, a case that asks whether or not Apple has monopolized the app market. If the Supreme Court rules against Apple, it could have far-reaching implications for everyone. Now, after hearing Apple’s arguments in the case, it’s looking more and more like that might happen.

According to a report from CNBC, the U.S. Supreme Court appeared skeptical of Apple’s arguments against ruling that the App Store is a monopoly. Two of the judges suggested that the precedent on which Apple is basing its arguments may need to be revised. Despite this, it’s impossible to tell how the Supreme Court will rule — most cases that have come to the Supreme Court have ended up in favor of corporations. It’s important to note that the Supreme Court isn’t settling the underlying antitrust issue, it’s ruling whether consumers have the right to bring this case against Apple at all.

Recommended Videos

At the heart of the dispute is the issue of money. Apple both charges developers 30 percent of their app’s revenue, and prevents iOS devices from being able to install apps from other sources. Because of that, some argue that Apple has inflated the price of iPhone apps in an effort to make more money.

On the other side, Apple argues that the plaintiffs, who are consumers, don’t have the right to sue Apple under current U.S. antitrust laws. The key to that argument, as noted in a report by Wired, is a case from 1977, Illinois Brick Co. v. Illinois, which resulted in a ruling that you can’t sue for an antitrust case if you didn’t directly purchase goods or services. Because of that, Apple says, it’s not selling apps to customers, the developers are through the App Store.

The only problem with that is that the plaintiffs are arguing that Apple has monopolized app distribution — not necessarily apps themselves. There is evidence of that on Android; users can get apps from the Google Play Store, but they can also get them from Amazon and other third-party stores, too, if they so choose.

The case could result in some major changes for consumers and Apple alike. If Apple wins the case, nothing much will change with how it and developers interact, and developers will still be forced to go through the App Store and abide by Apple’s rules. If the plaintiffs win, however, Apple may have to pay hundreds of millions of dollars and it may have implications for other large tech companies that sell products from third parties, including the likes of Amazon.

Updated on November 26, 2018: The Supreme Court has heard Apple’s oral arguments.

Christian de Looper
Christian de Looper is a long-time freelance writer who has covered every facet of the consumer tech and electric vehicle…
iOS 18.5 arrives as Apple edges closer to big iOS 19 reveal
The iOS 18.5 update waiting on an iPhone 16 Pro Max.

Apple has released iOS 18.5 and iPadOS 18.5, the latest software updates for its iPhone and iPad models. As the version numbers suggest, Apple is gradually getting closer to the announcement of iOS 19, which will almost certainly be one of the main topics during its Worldwide Developer Conference (WWDC) keynote which takes place on June 9. In the meantime, here’s what you need to know about iOS and iPadOS 18.5.

Apple iPhone and iPad owners can check their devices for the update now by opening the Settings app, tapping General, and then Software Update. If iOS 18.5 or iPadOS 18.5 is available, it’ll show up here and you only need to follow the instructions to install it. What will you find once it’s all up and running?This isn’t a big software update, so don’t expect to spot any major alterations. Likely the most obvious will be a new wallpaper in Apple’s 2025 Pride collection, which follows the recent release of a special Pride 2025-themed Sport Band for the Apple Watch. If you’re a parent and your child has an iPhone, you’ll receive a notification when the Screen Time passcode is used, provided both devices have iOS 18.5 installed. 

Read more
Your current iPhone battery could last longer with iOS 19, thanks to AI
iOS 19 leak renders with squircle icons.

Imagine downloading a software update for your current iPhone and the battery life getting extended. That could be a reality thanks to iOS 19.

According to a report by Bloomberg's Mark Gurman, we can expect iOS 19 to leverage AI in such a way as to actually improve battery life efficiency on iPhone.

Read more
Apple could soon fix Wi-Fi access woes across all your devices
Setting up Wi-Fi on an iPhone.

One of the biggest hassles while traveling is the hunt for a decent internet connection, and then getting it to work across all your devices. The conundrum is now mainstream across hotels, lodges, and coffee shops — essentially all the establishments a person is supposed to spend a few hours of their day, but needs to fill a web form first before they can get internet access.

Apple will soon put an end to those Wi-Fi registration struggles. According to Bloomberg, the company is working on “a system that can synchronize captive Wi-Fi access details across the iPhone, iPad and Mac.”

Read more