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Apple Files Formal Appeal in E-Books Antitrust Case

iBooks Apple filed a formal appeal on Tuesday asking the U.S. Circuit Court of Appeals to overturn the ruling of its e-books antitrust case or to be awarded a new trial on the matter, reports the Associated Press.

In its filing, Apple stated that U.S. District Judge Denise Cote's original decision to find the company guilty of conspiring to fix e-book prices was a "radical departure" compared to modern antitrust law, adding that the decision would harm consumers and negate competition if not overturned.
Apple's papers filed Tuesday refuted the antitrust finding, and said its entrance into the e-book market "kick-started competition in a highly concentrated market, delivering higher output, lower price levels, and accelerated innovation."
Apple also requested that the appeals court suspend the work of external antitrust compliance monitor Michael Bromwich until it makes a decision as to whether he was correctly appointed. Apple filed a formal complaint against Bromwich in November claiming that the monitor was overcharging them for his services, and requested that he be removed from his position in January.

While Apple managed to win a brief emergency reprieve from monitoring, the Appeals court ruled earlier this month that Bromwich could continue his work with new boundaries, as he is no longer able to demand access to any document or interview Apple executives with respect to any subject.

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Posted: 22 weeks ago

The more times I hear about Apple moaning about this monitor the more I think Apple is trying to hide something.


Of course they are - all of their upcoming products, services, deals and negotiations.
Rating: 10 Votes
Posted: 22 weeks ago

What would you do as a company concerning a court-ruling which hurts your public image and may hurt future revenues? Sit down and take it, or fight it? Their recent actions really have less to do with moral standing than logical business practice.


I find the whole thing a bit strange. As I followed this in the news, my impression was that Apple would win this case. My take was that they had a different model than Amazon; essentially using the same model they used for music. A proven practice that made sense. I was surprised when the court ruled against them. I was even more surprised by the whole auditor issue. I agree that it makes a lot of sense for Apple to continue fighting this. If they lose, what model will Apple have to resort to? Back to Amazon price setting model? I really hope not.
Rating: 7 Votes
Posted: 22 weeks ago
Cough up the cash, Apple. You lost.
Rating: 5 Votes
Posted: 22 weeks ago
As a publisher myself, I am rooting for Apple's appeal to be fully successful.
Rating: 5 Votes
Posted: 22 weeks ago

The more times I hear about Apple moaning about this monitor the more I think Apple is trying to hide something.


Most likely they are. That does NOT mean they are doing anything unlawful though. There are many perfectly legal things Apple could be doing that they don't want anyone outside the company having access to. This "monitor" has already overstepped bounds. I can understand Apple is not going to trust him.
Rating: 3 Votes
Posted: 22 weeks ago

The more times I hear about Apple moaning about this monitor the more I think Apple is trying to hide something.


What would you do as a company concerning a court-ruling which hurts your public image and may hurt future revenues? Sit down and take it, or fight it? Their recent actions really have less to do with moral standing than logical business practice.
Rating: 3 Votes
Posted: 22 weeks ago
The more times I hear about Apple moaning about this monitor the more I think Apple is trying to hide something.
Rating: 3 Votes
Posted: 22 weeks ago
Good. I don't trust this DOJ. Take if to the Suoreme Court if necessary.
Rating: 3 Votes
Posted: 22 weeks ago

Cough up the cash, Apple. You lost.


Anyone who reads books is going to cough up cash to Amazon.
Read any one of the dozen pieces on how Cote is harming the industry.
Rating: 2 Votes
Posted: 22 weeks ago

I don't quite get Apple's strategy for eBooks. Amazon has a much wider selection and in most cases significantly better pricing.

It's true that Amazon uses a proprietary standard for eBooks, but even though Apple uses ePub, the books they sell are DRMed. Therefore, the books purchased on the iBooks cannot be loaned to friends, etc. like a paper book could. Therefore, the format really doesn't matter.

Both Amazon and Apple have similar offerings with the release of OS 10.9 with the ability to sync books, bookmarks, notes, etc. across mobile devices and computers - that is if you use Apple devices. Amazon has this ability across all types of devices - not just Apple ones.

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One would think Apple could at least price their iBooks competitively with Amazons. When you look at technical books, the price difference could be $15-$20 per book.


:D Maybe you missed the big lawsuit that the DOJ brought against Apple that ended Apple's strategy for eBooks, especially in regards to pricing.

So, how did Apple's entry into the eBook market foster competition as most of their eBooks pricing is not competitive with Amazon's while the services and features are the same?


By taking the focus of retail competition from price to platform and services. Which was immediately followed by a huge increase in competition in the market.
Rating: 2 Votes

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