Apple has lost its latest attempt to soften the impact of its ebook price-fixing punishment, with a court rejecting its appeal to stay the work of the mandated antitrust monitor … Continue reading
Apple has made a long needed change to its iBookstore that brings the ability for users to give books as gifts for whatever the occasion might be. The feature is … Continue reading
Apple files ebook price-fix appeal
Posted in: Today's ChiliApple has officially filed its appeal against the ebook trial verdict that saw it found guilty of colluding with publishers to artificially price-fix downloads. The filing, made to the US District Court in the Southern District of New York on October 3rd, sees Apple appealing not only the ruling but Judge Denise Cote’s proposed injunctions, […]
The iBookstore lawsuit promising partial refunds for ebook buyers who paid over-the-odds for their downloads is another step closer to making payouts, with cash from Penguin and Macmillan swelling the combined coffers to $162.25m. In a new batch of emails to iBookstore customers affected by the price-fixing suit, the State Attorneys General and Class Counsel […]
A new set of proposed remedies suggested by the DoJ in the Apple ebook price-fixing case has tempered some of the issues the Cupertino firm complained about, but the agency maintains Apple should face tough penalties for continuing to deny any wrongdoing. The second batch of suggestions, submitted by the US Department of Justice today, […]
DOJ defends Apple e-book price fixing injunction, says publishers had it easy
Posted in: Today's ChiliThe 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
Source: Letters to the court (1), (2), (3), (4)
Five major publishers have vocally protested the proposed ebook antitrust remedy the Department of Justice hopes Apple will abide by, arguing that the punishing settlement would impose “additional, unwarranted restrictions” and damage the ebook industry as a whole. Apple had described the DoJ guidelines as a “draconian and punitive intrusion”, taking issue with the suggestion […]
Apple has blasted Department of Justice suggestions for how it should remedy the ebook price fixing issue, describing the fixes as a “draconian and punitive intrusion” into its business. The DoJ filed a list of remedies earlier today, including forcing Apple to allow rival ebook vendors such as Amazon and Barnes & Noble to include […]
Apple must allow Amazon, B&N, and other ebook sellers to link directly to their stores from their ereading apps, a proposed DoJ ebook antitrust settlement has suggested, as well as forcing Apple to hold off from any multimedia agreements that might increase overall market price for five years. The proposed remedy from the Department of […]
Apple will fight the ebook price fixing ruling, the company has said today, promising to appeal the court’s decision and accusing Amazon of having a “monopolistic grip on the publishing industry.” The official statement follows a New York federal court ruling this morning that Apple colluded with five major publishers to force the ebook industry to the so-called “agency model” and, in the process, drive up prices – and margins – on ebook downloads for the iBookstore.
Apple, Justice Denise Cote wrote in a 160-page ruling on the case brought by the DOJ, “played a central role in facilitating and executing” a conspiracy to raise the cost of ebooks. Until Apple’s launch of the iBookstore, new releases had been around $9.99 on Amazon. After publishers made their push to the agency model, that rose to, on average, $14.99.
“Without Apple’s orchestration of this conspiracy, it would not have succeeded as it did in the Spring of 2010″ Justice Cote concluded.
However, unsurprisingly Apple is not willing to accept the court’s decision, and will fight the ruling in an appeal. “Apple did not conspire to fix ebook pricing and we will continue to fight against these false accusations” the company said in a statement. “When we introduced the iBookstore in 2010, we gave customers more choice, injecting much needed innovation and competition into the market, breaking Amazon’s monopolistic grip on the publishing industry.”
“We’ve done nothing wrong and we will appeal the judge’s decision” the spokesperson said.
With the initial case concluded, next up is a trial to settle on damages. There’s no indication as to what Apple might eventually be required to pay – both to the US government and to numerous states – though Penguin, which voluntarily settled (as did all the publishers involved) with the DOJ coughed up $75m including damages.
Amazon is yet to comment on the ruling, or indeed Apple’s portrayal of it as “monopolistic.”
Apple: We’ll appeal ebook price fix ruling is written by Chris Davies & originally posted on SlashGear.
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