E-book October 13

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The U.S. Justice Department has said that is now satisfied with Apple’s measures to guard against any repetition of the type of anti-competitive behaviour ruled illegal in the long-running ebooks trialBloomberg reports that the department has recommended that the court-appointed monitor is no longer necessary.

In a letter to the Manhattan federal judge who found in 2013 that Apple illegally conspired with publishers to set e-book prices, the U.S. said Apple has “now implemented meaningful antitrust policies, procedures, and training programs that were obviously lacking at the time Apple participated in and facilitated the horizontal price-fixing conspiracy found by this court.”

The letter did, however, note that Apple “never embraced a cooperative working relationship with the monitor” …  expand full story

E-book April 15

E-book December 16, 2014

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


E-book December 15, 2014

Apple is having a busy time in court at the moment. Not only is it defending the iPod DRM class action, but is this morning beginning its appeal of the verdict of last year’s ebook trial.

The court ruled that Apple was guilty of anti-competitive practices in two ways. First, the company asked publishers to switch from wholesale pricing – where publishers sold in bulk to retailers, who set their own prices – to an agency model, where publishers set retail prices and retailers took a commission. The court ruled that this reduced price competition …  expand full story

E-book March 25, 2014

E-book March 6, 2014

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


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