Epic Appeals Apple Case to Supreme Court

Epic has taken what's presumably the final step in its antitrust legal battle with Apple over App Store fees, as The Verge reports Epic has petitioned the Supreme Court to intervene and have a final say in the matter. The filing starts with a surprisingly concise summary of the questions presented:
This case presents two critical questions regarding the legal standards governing the Rule of Reason, which determines the outcome of nearly every Sherman Act case. It is well settled that a restraint that has both pro- and anti- competitive effects is unlawful if a ‘less-restrictive alternative” will achieve the same benefits while harming competition less. The circuits are divided, however, on two issues that were outcome-determinative in this case (1) the legal test for identifying a less-restrictive alternative; and (2) if no less-restrictive alternative exists, whether the restraint is valid even when (as in this case) the court finds harms to competition that vastly outweigh the benefits.

The Questions Presented are:

  1. Must a less restrictive alternative be free from additional costs to the defendant?
  2. If there is no less-restrictive alternative, is the restraint invalid if the harms to competition substantially outweigh the restraint’s procompetitive justification?

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Re: Epic Appeals Apple Case to Supreme Court
Sep 28, 2023, 13:11
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Re: Epic Appeals Apple Case to Supreme Court Sep 28, 2023, 13:11
Sep 28, 2023, 13:11
 
Prez wrote on Sep 28, 2023, 11:19:
but you won't find me defending Valve. We live in a world where if you decided what you owned based on what company isn't a giant greed-driven, soulless, vile mega-corporation you may as well sell everything, shave your head, and go be a missionary in a third world country.

I don't know, Valve has done some pretty cool pro-consumer stuff over the years and provides me a lot of value so I don't mind singing their praises from time to time. I'll harp on any company where appropriate and laud them if they earn it. We can allow our emotions to flex a bit, we don't have to be accountants about every little thing
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