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Debra Ann Livingston

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Some judges in ebook appeal express sympathy with Apple’s position

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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 … 
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