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The US Department of Justice isn’t buying publishers’ arguments that proposed injunctions against Apple for alleged e-book price fixing are excessive and contradictory. DOJ attorney Lawrence Buterman claims in a response letter that the penalties against Apple are necessarily harsher, since it didn’t settle the accusations like its reported co-conspirators. The group objection even justifies Apple’s punishment, Buterman claims; it suggests that publishers are just waiting until the end of a two-year ban on agency pricing to raise prices once again. The five-year restriction imposed on Apple could keep prices down for longer, the lawyer says.

Apple, meanwhile, isn’t done with its objections. In addition to an earlier request for a stay on proceedings pending an appeal, it now contends that the court excluded or ignored testimony while giving Amazon and Google witnesses too much credibility. The company will present more of its opinion at a conference today with both the DOJ and the presiding judge, but we’re not expecting a quick resolution — neither side is budging at this stage.

Filed under: Internet, Software, Apple

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Via: CNET, GigaOM

Source: Letters to the court (1), (2), (3), (4)

In a decisive move in the legal battle surrounding Apple’s fishy e-book pricing practices, the US Department of Justice has issued a proposed remedy aimed at leveling the playing field. The terms of the proposal, which requires approval by the court, call for an end to Apple’s deals with major publishing houses, as well as allowing rival e-book apps, like Amazon’s, to link to their own online bookstores. The announcement is hardly surprising, considering that it comes just a few weeks after US District Judge Denise Cote ruled that Apple had conspired to bump up the retail prices of e-books. In the official brief, Assistant Attorney General Bill Baer said, “Under the department’s proposed order, Apple’s illegal conduct will cease and Apple and its senior executives will be prevented from conspiring to thwart competition in the future.” You can read the release in full after the break.

Update: Apple has formally responded to the Department of Justice’s proposal and predictably, the company isn’t happy. In a filing with the United States District Court, Apple said, “Plaintiffs’ proposed injunction is a draconian and punitive intrusion into Apple’s business, wildly out of proportion to any adjudicated wrongdoing or potential harm.” Apple also disputed the DOJ’s assertion that its plan is intended to foster healthy competition, arguing that the “overreaching proposal would establish a vague new compliance regime — applicable only to Apple — with intrusive oversight lasting for ten years, going far beyond the legal issues in this case, injuring competition and consumers, and violating basic principles of fairness and due process.” While the tides seem to be turning against Apple as the case moves forward, Cupertino is evidently not going down without a fight.

Filed under: Misc, Apple

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Via: All Things D, All Things D

Source: United States Department of Justice

We’re sure that MetroPCS and T-Mobile USA executives were on pins and needles wondering whether or not their proposed merger would clear all the regulatory hurdles. While they’re not officially free and clear, the Department of Justice has given a strong hint that the carrier union will go through. The government branch just let the mandatory waiting period expire without raising any objections; if it had thought there were serious antitrust issues, it would have piped up by now. Before anyone pops the champagne corks, though, there’s still a number of formalities — the Committee on Foreign Investment, the FCC and the companies’ shareholders still need to sign off on the deal, which could take weeks or longer. Considering the troubles T-Mobile had the last time it tried a merger, though, waiting will seem like a walk in the park.

Filed under: Cellphones, Wireless, Mobile, T-Mobile

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Source: CNET

We can’t say we’re exactly surprised, but it’s still worth noting that the United States DOJ has contacted MetroPCS to ask for additional information about the company’s recently announced merger with T-Mobile. The adequately-named “Second Request” will be essential before an actual consolidation approval can be made, and MetroPCS has stated it plans on being fully cooperative so that it can “obtain the approval of the transaction as soon as possible.” Additionally, the Wireless for All carrier says it’s pretty confident on the Department of Justice’s ability to see the proposed merger is “both pro-competitive and pro-consumer.” In the end, it’s nothing more than a required hurdle before the two telcos can move on with their original plans. Official word from MetroPCS can be found inside the presser below.

Continue reading Department of Justice asks MetroPCS for more info regarding T-Mobile merger

Filed under: Cellphones, Wireless, Mobile, T-Mobile

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Via: Android Central

Source: MetroPCS

Verizon has been fighting hard to get its acquisition of cable companies’ wireless frequencies past legal hurdles, and it just surged over the most important of the bunch: both the Department of Justice and the FCC have signed off on the agreement. To get the $3.9 billion deal through the door, Big Red will have to offload some of its spectrum to other companies. The DOJ, meanwhile, is more concerned that Verizon is getting a little too cozy with Bright House, Comcast, Cox and Time Warner Cable in terms of marketing and reselling bundles that include cellular and cable access. Closing the deal also requires setting up a new joint venture in technology research. We’re still working to learn the full details of the deal, but the spectrum handover will likely give a swift kick to Verizon’s 4G capacity — and anger a few rivals who wouldn’t have wanted any handover to go through.

Filed under: Cellphones, Wireless

DOJ, FCC clear Verizon buyout of cable companies’ spectrum, require giving up some airwaves originally appeared on Engadget on Thu, 16 Aug 2012 11:15:00 EDT. Please see our terms for use of feeds.

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