Last week, the US Department of Justice urged the US Supreme Court to grant review in Apple Inc. v. Pepper, No. 17-204, which centers on the scope of the so-called bar on indirect purchaser suits under Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977). A class of consumer plaintiffs alleged that Apple monopolized the iPhone app distribution market through its closed-system App Store, enabling it to charge app developers a higher commission than it could in a competitive market. That, in turn, allegedly caused app developers to charge more for apps than they would have if Apple’s commission were lower, harming consumers. The district court dismissed the suit as incompatible with Illinois Brick, because the plaintiffs’ theory alleged that developers passed on Apple’s overcharge to consumers through higher app prices. The Ninth Circuit disagreed, concluding that because consumers had a direct relationship with Apple by purchasing apps through Apple’s own App Store, Illinois Brick did not apply.