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Supreme Court rules antitrust lawsuit against Apple can proceed

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Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#61
post #21

Earlier quoted context omitted.

Prior to the confirmation insanity, Kavanaugh was viewed as one of the best supreme court justice nominations for all sides. All the confirmation hearings did was potentially radicalize him to the right. One of the best things about being a supreme court judge is that he no longer has to care about being reappointed or elected. He's not doing damage control, he's just being a supreme court judge.

> Kavanaugh was viewed as one of the best supreme court justice nominations for all sides No he wasn’t. He was considered a partisan hack at best and was less popular than most previously confirmed justices. He did get approval from the Amy Chuas and Neal Katyals and Akhil Amars but that says more about elite Ivy League in-groups than anything else.

Was he not shunned by the Ivy League in-groups, as per [1]? I don't think this is as simple as it seems to be.

[1] https://www.washingtonpost.com/opinions/we-were-brett-kavana...

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#62
post #56

Earlier quoted context omitted.

But I've seen some speculation that after all the awfulness of the confirmation hearings accusing him of being a hard-right leaning justice that he would actually try (consciously or not) to show he's not locked into that mindset.

The same things (and worse, IIRC) were said of Roberts, and while I disagree with some of the rulings he has made, he's been remarkably unpartisan.

I believe all of these justices care a lot more about their legacy of justice and the sanctity of the court than anything else.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#63
post #44

As an app developer, I'm not a fan of apple taking a 30% or 15% cut. It's is possible to get around by offering the app for free and then using a third party payment processor to allow users to purchase or subscribe to a service your app provides. The way I see it, developers have that choice to charge the "expensive, easy way" using Apple's platform, or the "more profitable but harder way" using a third party.

You cannot do this. I run a website and mobile app ecosystem, which started as a website with standard credit card billing. If you want to mention that you have a website, or link to the website, you must provide every option the website has for purchasing, in your app, using apple's payment system. There is one exception, which is for physical goods/services, see Lyft and the like. Sorry, but you have to take the 30…

Interesting. I suppose the distinguishing factor with apps like Amazon or Home Depot is they deal in physical goods?

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#64

Earlier quoted context omitted.

There's nothing illegal about having a monopoly, is there? Don't you have to abuse that power before regulators step in?

Notably Walmart has been examined for as a monopoly but because in every case that was examined they decreased prices to consumers, no action was taken. I hate that they use federal money to subsidize their workforce' paychecks (non-living wages, supplemented by food stamps), but...they're great for the consumer.

the consumer price standard is a pretty poor metric for monopoly. You can thank Bork of Watergate fame for that one.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#65

I wrote comments on this case here in the past, and not gonna rewrite them, so here is the TL;DR: This was not unexpected but precedent was on Apple's side. Apple was basically playing the "whoa, we don't sell apps, we just make an app store. They buy apps from the developers" card. This is technically true. In that situation, Illinois Brick/etc would normally say consumers cannot sue you, only app developers can. Mo…

> Apple was basically playing the "whoa, we don't sell apps, we just make an app store. They buy apps from the developers" card.

Well, one thing is certain, and that is that Spotify will be happy with this as it may end up making their competition against Apple Music a bit easier.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#66

Earlier quoted context omitted.

> Kavanaugh was viewed as one of the best supreme court justice nominations for all sides No he wasn’t. He was considered a partisan hack at best and was less popular than most previously confirmed justices. He did get approval from the Amy Chuas and Neal Katyals and Akhil Amars but that says more about elite Ivy League in-groups than anything else.

Was he not shunned by the Ivy League in-groups, as per [1]? I don't think this is as simple as it seems to be. [1] https://www.washingtonpost.com/opinions/we-were-brett-kavana...

That was post hearings, not pre hearings as implied by the GP.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#67
post #5

Am I reading correctly that this argument has now been going on for 8 years, or at minimum nearly 6? [1] An argument about who I am buying from when I type my credit card into Apple's system, click a purchase button on an Apple device, and then use the results of that purchase solely on Apple devices? [1] https://www.oyez.org/cases/2018/17-204

Yes. The entire crux of Apple's argument is that you aren't Apple's customer. The true motives of a corporation often come out in court.

That's not fair. Your lawyer should make any arguments they need to defend you, even if they're not what you believe. As long as they're not false or misleading, it's good practice.

Nobody's claimed that Apple believes that people buying their phones aren't their customers. Apple claimed (IIUC) that in this scenario, it's the app store vendors that are the customer of the app store. Which is a reasonably valid way to look at it.

And the court (correctly) said no.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#68
post #17
post #4

For those who don't want to read the opinion: SCOTUS holds that Apple can be sued for alleged monopoly of the Apple App Store. It does not decide whether or not this alleged monopoly exist. Interestingly, it's a 5-4 decision, with Kavanaugh writing the decision, joined by the 4 liberal justices. Probably the most unexpected alignment of the current term!

It held that Apple could be sued by end users . Apple's argument was that only app developers had standing.

"The point in question is which of these two customers has standing to sue on the basis of the specific harm in question. Under US law the answer cannot be both." This in fact not what SCOTUS wrote, SCOTUS clearly said that Apple may be sued by developers and consumers alike, the mere fact that apple has a monopolistic (They hold all the consumer supply in this market) and a monopsonistic(They satisfy all the demand from app devs on this market) position does not mean that the damages injured to both parties are in fact the same damages.

Under current US law multiple parties may not sue for the same damage. But at this point of time it is not decided whether the damages sustained by consumers in this lawsuit would be the same damages that app developers could sue for. It is entirely possible that Apple has swindled BOTH.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#69

Earlier quoted context omitted.

There's nothing illegal about having a monopoly, is there? Don't you have to abuse that power before regulators step in?

Notably Walmart has been examined for as a monopoly but because in every case that was examined they decreased prices to consumers, no action was taken. I hate that they use federal money to subsidize their workforce' paychecks (non-living wages, supplemented by food stamps), but...they're great for the consumer.

How could it be any other way? To the extent that government benefits increase I would expect hourly wages to go down for those beneficiaries. This would be the nature result of a competitive market place.

Re: Supreme Court rules antitrust lawsuit against Apple can proceed

#70
post #15

How can Apple’s App Store prices be monopolistic if the App Store has driven software prices so low that a lot of developers are having a hard time making money? Before the App Store, software licenses for Mac software could be priced in the $40-$70 range for software that might have had feature parity with what you get in a $3-$10 app on iOS these days. That’s not even taking into account the fact that paying for a…

Standard oil used to dump product in competitive markets too. Low prices do not preclude a monopoly nor does the existence of some competition.
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