Todd Seelman Quoted in Legaltech Antitrust Article

Denver, Co. (December 4, 2018) – Denver Managing Partner Todd Seelman was recently quoted in a Legaltech news article about the potential antitrust ramifications of Apple v. Pepper, a case currently before the Supreme Court. In the article, titled “Apple Lawsuit Could Impact How Courts View Antitrust Cases,” Mr. Seelman, who is the national chair of Lewis Brisbois’ Antitrust & Competition Practice, shared his thoughts on what the outcome of this case could mean.

“No matter what the decision is, it’s going to have an impact, a dramatic impact on the marketplace, including the marketplace involving intellectual property rights, software sales and other product sales,” said Mr. Seelman.

Mr. Seelman also discusses in the article the legal precedent set by the 1977 Supreme Court decision in Illinois Brick Co. v. Illinois, stating “Illinois Brick has been a defense to many antitrust actions. As long as the manufacturer has an intermediary, one or two intermediaries, between it and the purchaser, they can’t be sued in federal court.”

However, as Mr. Seelman notes, this precedent may be outdated, considering the original intention of the decision: “I think in many ways Illinois Brick is probably ineffective, and I think if it’s addressed may well be overturned,” said Mr. Seelman. 

“Judge [Byron] White said that the federal courts should not be in the position of apportioning out who is damaged from what price fixing along the distribution channel. It’s too complex and it’s more efficient to have the direct purchaser be the one to sue.” Mr. Seelman continued, “Contrary to what was said in 1977, the federal courts are in effect dealing with issues of injury and apportionment for direct and indirect purchasers.”

Read the full article here (subscription may be required).