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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23.
 
Re: Epic Appeals Apple Case to Supreme Court
Sep 29, 2023, 19:43
Kxmode
 
23.
Re: Epic Appeals Apple Case to Supreme Court Sep 29, 2023, 19:43
Sep 29, 2023, 19:43
 Kxmode
 
Prez wrote on Sep 28, 2023, 20:09:
Kxmode wrote on Sep 28, 2023, 18:56:
Prez wrote on Sep 28, 2023, 07:41:
Honest answer - they are a trillion dollar company whose phones still cost over $1000. Am I supposed to be stupid enough to assume razor-thin profit margins there?
I picked up a brand-new iPhone SE for $400. I'm calling nonsense on your "still cost over $1000" statement.

I've been wrong before, but how come the new iPhone 15's I saw in the Verizon store the other day started at $1100?
Because you're looking at the 2023 Tesla with all the perks. The "SE" is a 2023 Toyota Corolla... and that's fine by me.
"...and in stonks, Fizzy Squeezy Stocklebocks leaped over Droopy Whoopy Bondfluffs, hitting 300-gigglebits to their 150-snorebucks. Meanwhile, in Whimsyland's market, the pancakes reached parity with pogo sticks."
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