Denise Cote ▪ December 16, 2014

ebook-trial

Some of the judges in Apple’s appeal of last year’s ebook trial verdict appear sympathetic to the company’s argument that its deals with publishers helped, rather than hindered, competition, reports Reuters.

Circuit Judge Dennis Jacobs asked a Department of Justice lawyer why it was wrong for the publishers to get together to defeat a “monopolist” that was using “predatory pricing.”

“It’s like the mice getting together to put a bell on the cat,” Jacobs said.

The court had earlier heard evidence that at the time Apple entered the ebooks market, Amazon held a 90% market share …  expand full story

Denise Cote ▪ December 2, 2014

Apple SVP Eddy Cue with Beats founders Dr Dre and Jimmy Iovine

Apple SVP Eddy Cue with Beats founders Dr Dre and Jimmy Iovine

In a new interview with Fortune, Apple’s SVP of Internet and Software Services Eddy Cue opened up about Apple’s ongoing ebooks litigation ahead of the company’s December 15th appearance before a federal appeals court. Apple formally appealed the ebooks antitrust ruling earlier this year after a judge ruled in favor of the Department of Justice in 2013 claiming that Apple conspired with ebook publishers to raise prices.

“We feel we have to fight for the truth,” says Cue. “Luckily, Tim feels exactly like I do,” he continues, referring to Apple CEO Tim Cook, “which is: You have to fight for your principles no matter what. Because it’s just not right.”

Earlier last month, U.S. District Judge Denise Cote approved a $450 million settlement under which Apple will not be forced to pay any fees if it wins the upcoming appeal. expand full story

Denise Cote ▪ July 25, 2014

Denise Cote ▪ March 6, 2014

ebooks

Apple’s prospects of a successful appeal against the ruling in the ebooks trial may be improved by a brief filed by two economists from Caltech and NYU who suggest that the ruling was in error and call for it to be reversed.

Apple was found guilty of anti-competitive practices on two grounds. First, it asked publishers to switch from a wholesale pricing model – where publishers sold books in bulk and retailers set their own prices – to an agency model, where publishers set prices and retailers took a percentage cut. This, the court found, reduced price competition …  expand full story

Denise Cote ▪ February 26, 2014

apple-ibooks-doj_620x350

Apple has formally appealed the Department of Justice’s ebooks antitrust case, via the Associated Press. Previously, Apple has only officially complained about the power of the appointed monitor — now they are asking for the entire case to be re-evaluated.

Apple claims it was ignorant of any inter-publisher price fixing and that Apple setup iBooks through legal arrangements without knowledge of any behind-the-scenes collusion.

expand full story

Denise Cote ▪ January 13, 2014

Following Apple’s formal request last week that Michael Bromwich be removed from his role in ensuring the Cupertino company meets compliances set by the anti-trust ruling in last year’s ebooks trial, the Department of Justice has pushed back (via GigaOm) with a denial letter accusing Apple of ‘character assassination’.

Regrettably, it is now clear that Apple has chosen a campaign of character assassination over a culture of compliance. Apple could have been spending the past months working with the External Compliance Monitor with the ultimate goal of reforming its policies and training, and in the process change its corporate tone to one that reflects a commitment to abiding by the requirements of the antitrust laws. Instead, Apple has focused on personally attacking Mr. Bromwich, and thwarting him from performing even the most basic of his court-ordered functions. expand full story

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