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I’m glad Apple has decided to appeal because hopefully this will finally mute those who defend their wrongdoing.
My best guess is that SCOTUS will refuse to hear the case, essentially affirming Cote and the circuit court decision. If they hear the case, maybe it will only be to clarify what some feel is a conflict among the lower courts. But I highly doubt SCOTUS ever intended Leegin to protect a vertical player who acts as prime orchestrator of a horizontal price fixing conspiracy the way Apple did. That’s what many of Apple’s defenders fail to grasp – Apple’s unique role in the illegal cartel.
--Pat
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