Apple Files Brief Calling Department of Justice Remedy 'Draconian' and 'Punitive' - MacRumors
Skip to Content

Apple Files Brief Calling Department of Justice Remedy 'Draconian' and 'Punitive'

iBooks.pngFollowing the Department of Justice's release of a proposed remedy to address Apple's e-book price fixing, Apple has filed its own brief (via The Next Web) that calls the plan a "draconian and punitive intrusion into Apple's business, wildly out of proportion to any adjudicated wrongdoing or potential harm."

Plaintiffs propose a sweeping and unprecedented injunction as a tool to empower the Government to regulate Apple’s businesses and potentially affect Apple’s business relationships with thousands of partners across several markets.

Plaintiffs’ overreaching proposal would establish a vague new compliance regime—applicable only to Apple—with intrusive oversight lasting for ten years, going far beyond the legal issues in this case, injuring competition and consumers, and violating basic principles of fairness and due process. The resulting cost of this relief—not only in dollars but also lost opportunities for American businesses and consumers—would be vast.

The DOJ's remedy would require Apple to terminate its existing agreements with the five major publishers that the company is accused of conspiring with in addition to allowing its e-book rivals like Amazon and Barnes and Noble to offer links to their own bookstores within their apps.

It would also require Apple to allow a third party to monitor its continued adherence to internal antitrust compliance policies and prevent the company from entering into agreements with music, movie, TV show, and book providers that could increase prices for rival retailers.

The App Store section of the proposal is particularly troubling for Apple, as it would potentially allow major e-book retailers like Amazon and Barnes and Noble to link to outside bookstores and sell e-books without being subject to Apple's 30% in-app purchase fee. According to Apple, its App Store is outside of the scope of the case and unconnected to evidence that was presented at trial.

There was no evidence admitted at trial, and certainly no finding by this Court, that Apple's general policy requiring e-book retailers to pay a commission on in-app digital sales was part of the conspiracy that this Court found. Likewise, there is no evidence that Apple conspired to restrain the distribution of e-book apps or to impose less favorable terms on such apps.

In addition to calling the remedy punitive and draconian, Apple argues that the DoJ's terms are "absurdly broad" and that the proposed compliance monitorship would be "unprecedented and unwarranted."

Apple asks the court to reject the proposed injunction entirely, or greatly narrow its scope. A hearing to discuss the proposal is set for August 9.

Popular Stories

iphone 18 pro max prepare

iPhone 18 Pro Max Requires 'Prepare to Ship' Battery Drain Before Shipping

Friday September 18, 2026 4:27 pm PDT by
The iPhone 18 Pro Max has a battery capacity over 20 watt-hours, which means there are additional shipping requirements. If an iPhone 18 Pro Max needs to be shipped somewhere, its maximum battery capacity has to be limited through firmware. According to Apple, the iPhone 18 Pro Max uses an "innovative battery-firmware solution" that limits battery capacity to below 20Wh between when the...
imac video apple feature

Apple Releasing Two New Macs Next Week

Friday September 18, 2026 10:07 am PDT by
Last month, Apple announced new Mac mini and Mac Studio models, and the computers are finally set to launch this coming Tuesday, September 22. The new Mac mini is available with M6 and M5 Pro chip options, while the new Mac Studio can be configured with M5 Max or M5 Ultra chips. To learn more, read our coverage:Apple Announces New Mac Mini With M6 and M5 Pro Chips and More Apple Unveils ...
iphone duo weather

Apple Exec Says 'Hold Us Accountable' on iPhone Duo Crease

Friday September 18, 2026 9:51 pm PDT by
Apple hardware engineering VP Tom Marieb spoke with TechRadar and shared some candid thoughts about Apple's upcoming iPhone Duo. The iPhone Duo uses a matte nano-texture display, which is meant to cut down on glare and minimize the visibility of the crease. When asked if the iPhone Duo's crease would be more visible over time, as that's what tends to happen on other foldables, Marieb said...

Top Rated Comments

171 months ago
oh for @$#$ sake...

Come on, I'm tired of seeing this tirade about how unfair this is.

Did Apple sign contracts with MFN clauses in them? Yes
Did these clauses force prices to go up? Yes
Are higher prices a benefit to consumers? No
Did Apple knowingly do this with the cooperation of publishers to increase the prices? Yes
Did all these publishers settle and essentially admit guilt? Yes

So over all, it's pretty clear Apple did engage in a form of price fixing, and they were cough in the act. Wanting to get into a new market is all good, but the way they did it was wrong, and they should get punitive damages for it.

Come into a new market with an innovative product or with better prices and the customers will come. Try to force your way into it by forcing existing players to price higher because you took part in a mafia-like agreement to ensure other players can't price below you? That's dishonest, period.
Score: 34 Votes (Like | Disagree)
gibbz Avatar
171 months ago
I agree with this statement from Apple.

Apple is under no duty to allow other retailers to offer apps on the iPad in the first place, much less on terms that subsidize their operations
Score: 30 Votes (Like | Disagree)
171 months ago
I think the whole thing is bunk. The agency model doesn't say you can't sell your books cheaper it just says you have to offer Apple the same price you'd give to your competitors. I guess the DOJ likes to see small business bookstores going under because they can't compete with Amazon who sells things at a loss. Way to go America. Great job.
Score: 27 Votes (Like | Disagree)
171 months ago
Don't do the crime if you can't do the time.

But seriously - I do think there are things that are over-reaching or harsh about the judgement in total. Hopefully there's wiggle room or it can be adjusted accordingly.
Score: 17 Votes (Like | Disagree)
ggamecrazy Avatar
171 months ago
So from the gist of it, us (the consumer) have nothing but to gain from this decision. :cool:

Of course the :apple: Apple stockholder can't say that.
Score: 14 Votes (Like | Disagree)
Yojimbo007 Avatar
171 months ago
And those idiots at congress try to encourage business to stay in US OF A.
What freaking morons.
Doj should be sued for harming US economy!

Draconian is an understatement... Such is life with our present administration.
Score: 11 Votes (Like | Disagree)
Latest Stories
OWC's Best Mac Accessories Are on Sale Just for MacRumors Readers
OWC's Best Mac Accessories Are on Sale Just for MacRumors Readers
2 minutes ago
New Mac Studio's Biggest Upgrade Isn't the M5 Ultra Chip, Review Says
New Mac Studio's Biggest Upgrade Isn't the M5 Ultra Chip, Review Says
24 minutes ago
How to Force Quit Apple Watch Apps in watchOS 27
How to Force Quit Apple Watch Apps in watchOS 27
36 minutes ago
New Mac Mini and Mac Studio Launch Tomorrow
New Mac Mini and Mac Studio Launch Tomorrow
1 hour ago
Apple Watch Series 12 and Ultra 4 May Have Hidden Flash Storage
Apple Watch Series 12 and Ultra 4 May Have Hidden Flash Storage
1 hour ago
iPhone 20 Pro Display Sizes Leak Ahead of 2027 Launch
iPhone 20 Pro Display Sizes Leak Ahead of 2027 Launch
3 hours ago
Apple Watch Series 12 and Ultra 4 Owners Report Unexpected Reboots
Apple Watch Series 12 and Ultra 4 Owners Report Unexpected Reboots
5 hours ago
iFixit Shares iPhone 18 Pro Teardown With Inside Look at New Features
iFixit Shares iPhone 18 Pro Teardown With Inside Look at New Features
10 hours ago
Apple Fitness+ Layoffs Reported Ahead of Potential 'Major' Changes
Apple Fitness+ Layoffs Reported Ahead of Potential 'Major' Changes
11 hours ago
A Shorter Apple Pencil Was Supposed to Launch Alongside iPhone Duo
A Shorter Apple Pencil Was Supposed to Launch Alongside iPhone Duo
11 hours ago
Siri AI Settlement Website Now Live: Apple to Pay Some iPhone Owners
Siri AI Settlement Website Now Live: Apple to Pay Some iPhone Owners
12 hours ago
M6 Pro Chip Result on Geekbench is Likely Fake
M6 Pro Chip Result on Geekbench is Likely Fake
2 days ago
Apple Watch Ultra 4 Sees First Discount After Launch, Now $779.99 on Amazon
Apple Watch Ultra 4 Sees First Discount After Launch, Now $779.99 on Amazon
2 days ago
Top Stories: iOS 27 and macOS Golden Gate Out Now, Siri AI Waitlist, and More
Top Stories: iOS 27 and macOS Golden Gate Out Now, Siri AI Waitlist, and More
2 days ago
Apple Exec Says 'Hold Us Accountable' on iPhone Duo Crease
Apple Exec Says 'Hold Us Accountable' on iPhone Duo Crease
2 days ago
iPhone 18 Pro Max Requires 'Prepare to Ship' Battery Drain Before Shipping
iPhone 18 Pro Max Requires 'Prepare to Ship' Battery Drain Before Shipping
3 days ago
Hands-On With the Apple Watch Series 12
Hands-On With the Apple Watch Series 12
3 days ago
M5 Ultra and M6 Chip Benchmark Results Reveal Graphics Performance
M5 Ultra and M6 Chip Benchmark Results Reveal Graphics Performance
3 days ago
iPhone 18 Pro Max in U.S. Has Qualcomm's Snapdragon X80 Modem
iPhone 18 Pro Max in U.S. Has Qualcomm's Snapdragon X80 Modem
3 days ago
Apple Releases Xcode 27.1 Beta With iPhone Duo Support
Apple Releases Xcode 27.1 Beta With iPhone Duo Support
3 days ago
Apple Watch Series 12 vs. Ultra 4 Buyer's Guide
Apple Watch Series 12 vs. Ultra 4 Buyer's Guide
3 days ago
MacRumors Giveaway: Win an iPhone Duo From iMazing
MacRumors Giveaway: Win an iPhone Duo From iMazing
3 days ago
'Shop Different': Apple Retail Pioneer Ron Johnson Shares the Inside Story
'Shop Different': Apple Retail Pioneer Ron Johnson Shares the Inside Story
3 days ago
Apple Teams Up With ROSÉ for iPhone 18 Pro Camera Ad
Apple Teams Up With ROSÉ for iPhone 18 Pro Camera Ad
3 days ago
The MacRumors Show: Is the iPhone Duo Actually Worth It?
The MacRumors Show: Is the iPhone Duo Actually Worth It?
3 days ago
Apple Designers Explain the Thinking Behind iPhone Duo
Apple Designers Explain the Thinking Behind iPhone Duo
3 days ago
Are iPhone 17 Pro Cases Compatible With iPhone 18 Pro? Here's What Apple Says
Are iPhone 17 Pro Cases Compatible With iPhone 18 Pro? Here's What Apple Says
3 days ago
Apple Supplier Subsidiary Considering U.S. Flash Memory Factory
Apple Supplier Subsidiary Considering U.S. Flash Memory Factory
3 days ago
Apple Launch Day Deals on iPhone 18 Pro, AirPods 5, Apple Watch Series 12, and More
Apple Launch Day Deals on iPhone 18 Pro, AirPods 5, Apple Watch Series 12, and More
3 days ago
iPhone 18 Pro Teardown Reveals How Apple Shrunk the Dynamic Island
iPhone 18 Pro Teardown Reveals How Apple Shrunk the Dynamic Island
3 days ago