Apple Ordered to Stagger E-Book Contract Negotiations, Refrain From 'Most Favored Nation' Clauses
Judge Denise Cote today issued her penalty ruling in the e-book pricing suit against Apple, ruling that Apple must stagger its contract negotiations with major publishers to prevent collusion and avoid entering into "most favored nation" (MFN) agreements with any publisher for five years, according to GigaOM. The MFN clauses in Apple's contracts with publishers prevented any other e-book retailer from undercutting Apple, giving Apple the right to at least match the best pricing offered by other retailers.
Judge Cote’s injunction forbids Apple from enforcing most-favored-nation clauses in any ebook publishing contracts for five years, and also forbids the company from entering into any book publishing contracts that contain them for five years. Apple had wanted this provision to be less broad, relating only to MFN clauses with the five publishers in the case who have already settled. Instead, it applies to all publishers.
Judge Cote defined the order in which Apple will be permitted to renegotiate contracts with publishers, beginning with Hachette 24 months after the judgment's effective date and staggering negotiations every six months thereafter for the five publishers involved in the case.
Apple is also required to hire an external compliance monitor to ensure that the company is complying with antitrust requirements.
In a win for Apple, Cote's ruling does not require the company to allow the return of direct store links from competing e-book distributors in their App Store apps, something the U.S. Department of Justice had requested in its proposed penalties.
Apple continues to deny that it engaged in price fixing, and is pursuing an appeal of the guilty verdict.
Related Stories
We've seen a lot of teasers about the Beats Studio Buds over the past month since they first showed up in Apple's beta software updates, and today they're finally official. The Beats Studio Buds are available to order today in red, white, and black ahead of a June 24 ship date, and they're priced at $149.99.
The Studio Buds are the first Beats-branded earbuds to truly compete with AirPods...
YouTube is planning to stop supporting its YouTube app on the third-generation Apple TV models, where YouTube has long been available as a channel option.
A 9to5Mac reader received a message about the upcoming app discontinuation, which is set to take place in March.Starting early March, the YouTube app will no longer be available on Apple TV (3rd generation). You can still watch YouTube on...
The iPhone 13 will feature low earth orbit (LEO) satellite communication connectivity to allow users to make calls and send messages in areas without 4G or 5G coverage, according to the reliable analyst Ming-Chi Kuo.
In a note to investors, seen by MacRumors, Kuo explained that the iPhone 13 lineup will feature hardware that is able to connect to LEO satellites. If enabled with the relevant...
Google has rolled out picture-in-picture support as an "experimental" feature for YouTube premium subscribers, allowing them to watch video in a small window when the app is closed.
If you're a premium YouTube subscriber looking to try out picture-in-picture, follow these steps: Launch a web browser and sign into your YouTube account at YouTube.com.
Navigate to www.youtube.com/new.
Scroll...
Apple recently dropped the $19.99 fee for OS X Lion and Mountain Lion, making the older Mac updates free to download, reports Macworld.
Apple has kept OS X 10.7 Lion and OS X 10.8 Mountain Lion available for customers who have machines limited to the older software, but until recently, Apple was charging $19.99 to get download codes for the updates.
As of last week, these updates no...
Apple is planning to hold multiple events this fall, which will collectively include the launch of new iPhones, Apple Watches, updated AirPods, revamped iPad mini, and the redesigned MacBook Pros, according to respected Bloomberg journalist Mark Gurman. In his latest weekly Power On newsletter, Gurman says that much like last year, Apple will hold multiple events this coming fall, with the...
Apple is currently engaged in a cat-and-mouse game with persistent kids looking to circumvent Screen Time restrictions, but the company has been receiving some criticism for not moving quickly enough to lock down some of the loopholes, reports The Washington Post.
A few of the loopholes and ways for parents to shut them down are documented on the site Protect Young Eyes, while these and...
If you unwrapped an Apple product today it likely came with one of the company's first-party Lightning cables, but having an extra on hand is always a good idea, so you can place it in other rooms in your house, in your car, or in a bag when you travel.
For that reason, now's a good time to shop for third-party Lightning cables that are cheaper than Apple's own accessory, but still Made For...
In an internal document distributed to Apple Authorized Service Providers this week, obtained by MacRumors, Apple has acknowledged that some iOS 13 or iPadOS 13 users may experience issues with Personal Hotspot.
Apple has told Authorized Service Providers to expect customers who are unable to connect to a Personal Hotspot or experience frequent disconnection from one. Customers may also...
In the third developer beta of macOS Monterey, which came out this morning, Apple has overhauled the design of Safari, making the tab bar more similar to the current tab bar in macOS Big Sur.
The prior Safari design did away with the dedicated URL and search interface, instead allowing any individual tab to be used for navigation input. Tabs were also all arranged at the top of the display...
Top Rated Comments
DOJ sure seems to have a lot of free time on their hands... worrying about ebook sales and pricing...
If the law is clear, Apple has to abide by it and if they don't they should get fined every time they break it until they do.
Anything else is not the DOJ's or a judges business.
I know. When you consider the tons of other significantly worse behavior that goes on in American corporations completely unchecked, its actually pretty pathetic they go full-blast on a stupid little e-book case but don't give that same treatment to the scum oligopolists like big oil companies, or the telephone carriers who almost certainly engage in price fixing as well AND have an oligopoly. However, allow publishers to raise ebook prices 3 dollars, and you'll get swarmed by Uncle Sam.
America the Beautiful.