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ibookEarlier this month we heard that Apple submitted to the courts that it engaged in “contentious negotiations”– and not a pricing conspiracy– at a time when publishers were already considering methods of getting Amazon to increase pricing. According to the latest comments from a judge in the high-profile eBook pricing case, Apple might not be able to prove its case when it goes to trial early next month.

U.S. District Judge Denise Cote believes that the U.S Justice Department will indeed be able to prove a pricing conspiracy took place (via Bloomberg):

“I believe that the government will be able to show at trial direct evidence that Apple knowingly participated in and facilitated a conspiracy to raise prices of e-books, and that the circumstantial evidence in this case, including the terms of the agreements, will confirm that,” U.S. District Judge Denise Cote in Manhattan said yesterday.

“We strongly disagree with the court’s preliminary statements about the case,” Orin Snyder, Apple’s lead lawyer in the case, said yesterday in an e-mailed statement. “The court made clear that this was not a final ruling and that the evidence at trial will determine the verdict. This is what a trial is for.”

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