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

apple pro tell logo

Apple Launching Five New Products Today

Thursday November 5, 2026 12:59 am PST by
Apple is launching five new products on Friday, November 6, following pre-orders that opened last week, including its first touchscreen MacBook Pro models. The following new products will be available from today: iPad mini with OLED display and A20 Pro chip iMac with M6 chip 14-inch MacBook Pro with M6 chip 14-inch MacBook Pro with OLED touchscreen 16-inch MacBook Pro with OLED...
hero medium 2x feature1

Apple Surveys iPhone Duo Buyers About Crease and Camera

Thursday November 5, 2026 4:22 pm PST by
Apple is sending email surveys to some iPhone Duo buyers to get feedback on display size, crease, under-display camera, and other features. The first question asks why the buyer chose the iPhone Duo now, with answers like "I wanted to try Apple's first foldable," "It was an impulse purchase," and "I expect smartphone prices to increase." Other questions ask about the size of the iPhone...
Apple Store Logo

Apple Store in UK Permanently Closing Later This Month

Tuesday November 3, 2026 7:34 am PST by
Apple today announced that its Festival Place store in Basingstoke, England will be permanently closing on Saturday, November 21. Apple Festival Place Apple had already announced that the store would be closing in November, but it had not provided the public with a specific date until now. Apple's store inside the Festival Place shopping center opened in 2011, so it had a 15-year run....

Top Rated Comments

173 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
173 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)
173 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)
173 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
173 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
173 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
Hands-On With Apple's New OLED Touchscreen MacBook Pro
Hands-On With Apple's New OLED Touchscreen MacBook Pro
1 hour ago
Apple Store With All-New Design Opening Soon in Southern California
Apple Store With All-New Design Opening Soon in Southern California
1 hour ago
Control the Glowing Apple Logo on Your New MacBook Pro
Control the Glowing Apple Logo on Your New MacBook Pro
3 hours ago
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
6 hours ago
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
6 hours ago
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
6 hours ago
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
7 hours ago
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
7 hours ago
Apple Releasing Yet Another Two New Products Next Week
Apple Releasing Yet Another Two New Products Next Week
8 hours ago
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
9 hours ago
Apple Rumored to Drop the iPhone's Action Button Next Year
Apple Rumored to Drop the iPhone's Action Button Next Year
9 hours ago
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
9 hours ago
Apple Music Classical Updated With New Icon and Refreshed Design
Apple Music Classical Updated With New Icon and Refreshed Design
10 hours ago
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
12 hours ago
Apple Surveys iPhone Duo Buyers About Crease and Camera
Apple Surveys iPhone Duo Buyers About Crease and Camera
23 hours ago
Apple's First Touchscreen Mac is Now Arriving to Customers
Apple's First Touchscreen Mac is Now Arriving to Customers
1 day ago
Claude Gets Personal Finance Feature With Bank Account Linking
Claude Gets Personal Finance Feature With Bank Account Linking
1 day ago
Apple Arcade Adds Crossy Road Rush and NBA 2K27
Apple Arcade Adds Crossy Road Rush and NBA 2K27
1 day ago
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
1 day ago
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
1 day ago
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
1 day ago
Apple Announces a New Mac Sales Record
Apple Announces a New Mac Sales Record
1 day ago
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
1 day ago
Instagram's Edits Video Editor is Now Available on Mac
Instagram's Edits Video Editor is Now Available on Mac
1 day ago
Prevent Siri and Search From Accessing Specific iPhone Apps
Prevent Siri and Search From Accessing Specific iPhone Apps
1 day ago
Best Early Black Friday Deals on iPhone 18 Pro and iPhone Duo
Best Early Black Friday Deals on iPhone 18 Pro and iPhone Duo
1 day ago
MacBook Pro PROLED XDR Reviews Are In: Is the Touchscreen Worth It?
MacBook Pro PROLED XDR Reviews Are In: Is the Touchscreen Worth It?
1 day ago
Early Black Friday Accessory Deals at Amazon Include TVs, Headphones, and Charging Devices
Early Black Friday Accessory Deals at Amazon Include TVs, Headphones, and Charging Devices
1 day ago
Apple Creator Studio App Updates Rolling Out, Starting With Logic Pro
Apple Creator Studio App Updates Rolling Out, Starting With Logic Pro
1 day ago
Siri AI Waitlist Now Limited to Times of 'High Demand,' Says Apple
Siri AI Waitlist Now Limited to Times of 'High Demand,' Says Apple
1 day ago