Putting aside the merits of the underlying antitrust claim, this case comes down to first principles. Should the consumers who are potential victims of alleged antitrust violations be allowed to make their case before a judge or jury? Should citizens play a role as a meaningful check against anticompetitive corporate conduct? I believe the answer is yes. America is grappling with serious questions about the levels of concentration and competition in our economy, and the Supreme Court should reinforce rather than constrict the ability of consumers to seek justice for illegal abuses of market power.

When today’s antitrust laws were written a century ago, Congress recognized that government agencies have finite resources, so lawmakers created a legal mechanism for private citizens to bring suit for damages. The broad language of the Clayton Act provides that “any person” who is harmed by antitrust violations may sue in federal court for those violations. Lawmakers believed that this measure would strengthen antitrust enforcement and deterrence efforts. To encourage private actions, Congress allowed victims to recover three times the amount of damages they suffered.

For people who have been victims of anticompetitive corporate conduct, private lawsuits are the primary means for getting compensation. A 2013 study found that 60 of the largest successful private antitrust cases from 1990 to 2011 resulted in at least $33 billion in compensation to victims. Private enforcement also bolsters the Federal Trade Commission’s efforts to stop anticompetitive conduct — for example, in the pharmaceutical industry.

A Supreme Court decision that treats iPhone app buyers as too far removed from Apple to bring a federal antitrust suit against the company would undermine Congress’ intent to permit any victim of antitrust violations to seek justice. Worse, it would give a free pass for antitrust law violations in cases in which consumers are the victims with the greatest incentive to go to court. App developers, who Apple claims are the “direct purchasers” of their app services, may not be inclined to bring an antitrust case against their business partner. Apple is the gatekeeper to the apps’ millions of target customers.