eBook

Apple loses final appeal in e-books price-fixing suit, will pay $450 million fine

Cody Lee ∙ June 30, 2015

A federal appeals court on Tuesday upheld a 2013 decision finding Apple guilty for conspiring with publishers to raise e-book prices, reports The Wall Street Journal. As a result, the company is expected to pay a $450 million settlement it agreed to with private plaintiffs, 30+ states and the DOJ last year.

“We conclude that the district court correctly decided that Apple orchestrated a conspiracy among the publishers to raise e-book prices,” wrote Second Circuit Judge Debra Ann Livingston. The conspiracy “unreasonably restrained trade” in violation of the Sherman Act, the federal antitrust law, she wrote.

Apple reaches settlement in $840 million e-books antitrust lawsuit

Joe Rossignol ∙ June 17, 2014

Apple has settled with U.S. states and consumers that were seeking damages for alleged price fixing on e-books, protecting itself from a trial where it could have faced up to $840 million in claims. Bloomberg was first to report on the news, claiming that a trial had been set for July after Apple was found to be conspiring with book publishers to raise e-book prices as part of an illegal scheme…

Judge grants class action status to e-book suit against Apple

Cody Lee ∙ March 29, 2014

Reuters is reporting that a federal judge has granted 'class action' status to plaintiffs suing Apple over its collusion with book publishers to increase the price of e-books. The ruling allows the involved individuals to sue the company and collect damages as a group.

The decision came from U.S. District Judge Denise Cote, who also presided over the antitrust case against Apple by the DOJ last summer. Cote says the plaintiffs had "more than met their burden" to file as a group, and has green-lighted their $800 million lawsuit...

Apple files for appeal in e-book antitrust case

Cody Lee ∙ Updated April 16, 2018

Apple filed the necessary papers yesterday afternoon to appeal the the 'guilty' verdict from its e-book antitrust case last summer. The company told a federal appeals court in New York that the decision was a "radical departure" from modern antitrust law.

For those that missed it, U.S. District Court Judge Denise Cote found Apple guilty of colluding with major book publishers to manipulate the prices of e-books. As a result, the iPad-maker faces 100s of millions of dollars and fines and other repercussions...

Apple slapped with new $840 million claim for ebooks price fixing

Cody Lee ∙ February 2, 2014

Apple was found guilty of conspiring with 5 major publishers to increase the prices of e-books last summer, but so far it hasn't had to write a single check. But that could change soon thanks to a newly-filed damages claim.

Steve Berman, an attorney representing consumers and 33 states who linked up with the DOJ’s case against Apple, says the company's actions caused e-book buyers to spend an extra $280,254,374. And wants that tripled...

WSJ wants antitrust judge taken off e-book case over conflict of interest

Christian Zibreg ∙ Updated December 23, 2017

After the July trial found Apple guilty of ebook price-fixing, the iPhone maker last week filed a complaint over exorbitant lawyer fees. Specifically, court-appointed Michael Bromwich billed the company an unbelievable $138,432 (or the equivalent of 75 percent of a federal judge’s annual salary, as Apple wrote in the complaint), plus a fifteen percent “administrative fee” on top, for a fortnight’s worth of work on overseeing the electronic books price-fixing antitrust case.

It has now come to light that Bromwich and Denise Cote, the very same federal judge who found Apple guilty of price fixing, are in fact old friends. The finding prompted The Wall Street Journal to issue a scathing editorial lambasting Cote over conflict of interest and demanding that the antitrust judge be taken off the case...

Apple gets federal babysitter to watch over iBooks sales

Ed Sutherland ∙ October 17, 2013

Apple's federal e-book babysitter was named Wednesday. New York Judge Denise Cote assigned former Department of Just Inspector General Michael Bromwich to monitor Apple's compliance with antitrust laws concerning e-book sales. In July, Apple agreed to an independent monitor after being found guilt of conspiring with five publishers to fix prices.

Although Apple has called such a monitor unnecessary, DoJ prosecutors demanded the step as part of the final court remedy. Judge Cote, however, threw Apple a bone, reducing Bromwich's monitoring duty to just two years, less than half of the five years the Justice Department had originally wanted...

Apple officially appeals ruling in ebook pricing case

Cody Lee ∙ Updated April 14, 2018

Apple has officially filed its appeal in the ebook price-fixing case, according to a new report from GigaOM. The Cupertino company hopes to overturn Judge Denise Cote's 'guilty' verdict handed down this summer.

On July 10, Judge Cote ruled that Apple conspired with 5 major book publishers to eliminate retail price competition in an effort to raise e-book prices. But the company, of course, flatly denies the allegations...

Apple can keep 30 percent cut on sales, injunction in DOJ ebooks case confirms

Ed Sutherland ∙ September 6, 2013

Like a prisoner on Death Row, Apple has delayed its penalty for weeks, offering up objection after objection to a proposed Department of Justice ebook antitrust settlement. Friday, federal judge Denise Cote issued an injunction, giving federal lawyers much of what they wanted.

Among the prohibitions against Apple: a five-year ban on so-called 'most-favored-nation' clauses in publisher contracts that would prevent ebook sellers from using rival services, such as Amazon. Also part of the penalty package was a requirement that Apple stagger contract negotiations with the five publishers that had already settled...

In proposed settlement, customers could receive up to $3 per e-book downloaded

Ed Sutherland ∙ Updated April 14, 2018

While much recent discussion regarding Apple's guilty verdict on e-book price-fixing charges, we're now getting the first glimpse at how consumers may benefit. Based on a proposed $162.25 million fund established by the five publishers who earlier settled, consumers could receive up to $3.06 per New York Times bestselling e-book they downloaded to their iPhone, iPod touch or iPad.

The exact amount depends on whether your purchased e-book was listed on the NYT bestseller list, with a smaller $0.73 disbursed if your e-book did not make it on the list...

E-books: judge says Apple needs outside monitoring

Ed Sutherland ∙ August 28, 2013

Apple seems to have succeeded in keeping government watchdogs from roaming the corridors of its Cupertino, California headquarters. A proposal by the Department of Justice (DoJ) to install an external antitrust monitor to oversee Apple activities was greatly curtailed Tuesday. Instead, New York federal judge Denis Cote ruled that any monitor would be limited to overseeing Apple's antitrust policies and employee training.

A proposal by the DoJ to watch over all of Apple's distribution efforts for potential antitrust action was also trimmed, the judge saying she doesn't want government investigators interfering in the iPhone maker's "flexibility to innovate"...

Apple: DOJ’s revised e-book remedies a ‘broadside’ favoring Amazon

Ed Sutherland ∙ August 27, 2013

Even after the end of a formal antitrust trial, both sides in ebook pricing case continue to argue. Apple said the Department of Justice's latest version of proposed penalties are a "broadside" favoring rival Amazon. The comments by Apple's legal team came as the government and the iBooks company hammer out details largely in public.

Apple's remarks centered on the DOJ's insistence that an outside antitrust monitor be named to ensure against anticompetitive practices in the ebook industry. In July, Apple was found guilty of ebook price-fixing and colluding with publishers against Amazon...