MCLE - Will Apple’s App Store Lead to the end of Illinois Brick?

06/28/2018 4:30 AM | Denise Bashline (Administrator)

California Lawyers Association


Will Apple’s App Store Lead to the end of Illinois Brick?

Date: Thursday, July 26, 2018


  • 5:00 pm – 5:30 pm: Registration
  • 5:30 pm – 6:30 pm: Program Presentation
  • 6:30 pm – 7:30 pm: Hosted Networking Reception

Location: United States District Court, Ceremonial Courtroom, 450 Golden Gate Avenue, San Francisco, CA


MCLE Hours: Earn 1 MCLE credit.




Program Description: Will Apple’s App Store lead to the end of Illinois Brick? Pepper v. Apple and calls for a new antitrust damage regime.


Recently calls have been made for the end of the bar on indirect purchaser antitrust damage claims created by Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977). These calls have come from high levels at the United States Department of Justice and from federal judges. On June 18, 2018, the United States Supreme Court granted certiorari in Pepper v. Apple, 846 F.3d 313 (9th Cir. 2017). Many believe that Pepper will provide the Supreme Court with an opportunity to reconsider the Illinois Brick rule. This panel will examine the derivation of the Illinois Brick rule, practice after Illinois Brick both before and after the Class Action Fairness Act, and the potential consequences should Illinois Brick be overruled. Judge Jon S. Tigar will introduce the discussion, which will include perspectives from leading antitrust practitioners.


The event will be hosted in conjunction with the ABA Antitrust Section’s Global Private Litigation Committee.


Moderator: Jaimie Chen, Joseph Saveri Law Firm



  • Bruce L. Simon, Pearson, Simon & Warshaw, LLP
  • Michael Tubach, O’Melveny & Myers, LLP
  • Emilio E.Varanini, California Attorney General’s Office
  • Judith A. Zahid, Zelle, LLP
  • Janet S. Netz, PhD, applEcon

Registration Fee(s):

  • $25.00 for Antitrust, UCL & Privacy Section or ABA Antitrust Section members
  • $35.00 for non-members
  • Free for law students, CYLA, and government employees, judiciary, and/or court officers

Essential Information: Pre-Registration Deadline: The deadline to pre-register is Thursday, July 19, 2018


Cancellations/Refunds: Requests must be received in writing by Thursday, July 19, 2018. A $25 processing fee will be charged. Refunds will not be available after Thursday, July 19, 2018.


On-Site Registration: On-site registration is subject to availability. Call to confirm space availability.


Special Assistance: For special assistance, please call (415) 735-3334.


Questions: For registration information call (415) 795-7025. Telephone registrations will not be accepted. For program content and/or Section information call (415) 735-3334.


MCLE: California Lawyers Association and the Antitrust, UCL & Privacy Law Section are approved State Bar of California MCLE providers.





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