On behalf of 38 professors, Prof. Michael Carrier filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in Epic v. Apple.
The brief argued that the district court erred in applying the Rule of Reason by: (1) accepting business rationales that aren’t antitrust justifications; (2) failing in its legal conclusions to credit less restrictive alternatives recognized in its factual findings; and (3) not engaging in the required balancing analysis.