Washington – Several tech trade associations have joined the Computer & Communications Industry Association in a joint amicus brief in Pepper v. Apple before the U.S. Court of Appeals for the Ninth Circuit. This putative class action case in California involves app store fees and whether the plaintiffs can sufficiently establish a class of injured parties to bring a class action case.
The brief notes that the district court focused appropriately on concrete injury rather than merely exposure to the complained-of conduct. “Participation in a market served by a successful platform is not, without more, an antitrust injury.”
Digital services as well as businesses that rely on services uniting buyers and sellers are watching the outcome to see how it will impact their future business endeavors. If the Ninth Circuit opens the courthouse doors to more class actions, it could substantially impact innovation and, according to the brief, “convert new technology platforms into strict-liability targets.”
CCIA has advocated for a competitive tech sector since 1972.
The following can be attributed to CCIA President & CEO Matt Schruers:
“The plaintiffs’ proposed class of allegedly injured parties violates federal antitrust law and accepting their theory would invite into the courthouse plaintiffs whose only claim to injury is having participated in a market. This would chill innovation and saddle consumers with more unnecessary legal costs. U.S. consumers pay enough for frivolous litigation already.”
