ibooks-iconLast year, Apple lost a monumental e-book antitrust case that alleged the company had colluded with publishers to raise the price of e-books. As a result, Apple was forced to submit to a cumbersome external antitrust monitor and the company agreed to pay out $450 million as part of a settlement with several class action lawyers and state district attorneys.

Throughout the lawsuit, Apple maintained its innocence, and in February, the company formally filed for an appeal, asking the U.S. Circuit Court of Appeals to overturn the original ruling. In the appeal filing, Apple called the judge's decision a "radical departure" from modern antitrust law.

As of this week, Apple's case is being heard in appeals court, and it appears that things are going in the company's favor thus far. According to a report from Reuters, some of the judges "appeared sympathetic" to Apple's argument that its agreements with e-book publishers were "pro-competitive."

One of Apple's main arguments during the e-book antitrust case focused on Judge Cote's treatment of the company. Apple believes it was treated unfairly because Cote opted to ignore the positive impact that Apple had on introducing competition into the e-book market at a time when Amazon had a 90 percent market share.

Rather than being treated as a new entrant into the e-book market, which would have demanded a "rule of reason" analysis that judged Apple's impact on improving competition in a way that was good for consumers, Apple's role was viewed as "per se illegal" and automatically labeled anticompetitive despite Amazon's large command of the e-book market.

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.

Circuit Judge Debra Livingston also said it was "troubling" that Apple's normally "perfectly legal" contracts were labeled as a scheme. A lawyer for Apple told the judges "We think the conduct here was innovative and pro-competitive." Should Apple win its appeal, it may not have to pay the $450 million settlement it reached in July. If the case is overturned, Apple will pay no fines, and if it's sent back to Judge Cote for a retrial, Apple will pay just $50 million to consumers and $20 million in attorney fees.

Top Rated Comments

napabar Avatar
93 months ago
What is this, Fox News?

Everything I am reading, Apple has no chance and the mountain of evidence that the original judge had is very sound.

http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/65020-can-apple-win-its-e-book-appeal.html?utm_source=Publishers+Weekly&utm_campaign=3446655f4c-UA-15906914-1&utm_medium=email&utm_term=0_0bb2959cbb-3446655f4c-304719213#path/pw/by-topic/digital/content-and-e-books/article/65020-can-apple-win-its-e-book-appeal.html?utm_source=Publishers+Weekly&utm_campaign=3446655f4c-UA-15906914-1&utm_medium=email&utm_term=0_0bb2959cbb-3446655f4c-304719213



Good luck Apple and Fast Eddie, tap dancing out of this one.


Are you daft? The case against Apple is weak. Did you not read the appellate judges comments? Even they are finding it hard to believe.

Come back when you actually have read the article and put your anti-Apple, anti-business bias to rest.
Score: 13 Votes (Like | Disagree)
2457282 Avatar
93 months ago
I never understood what Apple did that was wrong. I still don't. Clearly I am not a lawyer and I am sure there is some strange law that creates a technicality that is being employed. However, for the average Joe (or Jose in my case :D), what makes sense is that Apple came in and provided the first viable option to Amazon. And have prices or competition improved since they were found guilty? No.

I hope this appeal will at least clarify what the heck the crime was in Joe/Jose terms.
Score: 8 Votes (Like | Disagree)
mw360 Avatar
93 months ago
Appellate judges? It was one of the three.

It was two of the three.
Score: 7 Votes (Like | Disagree)
Iconoclysm Avatar
93 months ago
But, but, but, a Judge prejudging a case before the trial has started is very bad, isn't?

This is an appeal...they're dealing directly with the DoJ...nice try!

----------

Weak??? They lost the case! That is why they are appealling.
Hhahahaha


Keep drinking the Kool-aide.

If it wasn't weak somehow, there would be no appeal. Please hold the unnecessary laughter when you reply.
Score: 6 Votes (Like | Disagree)
thekeyring Avatar
93 months ago
In a quick snapshot, here goes...

Amazon was selling ebooks, mostly for $9.99.

Jobs and Fast Eddie came up with a scheme to get into the ebook market for their new iPad, without having to compete with price (the last thing they wanted to do).
So they colluded with a bunch of publishers, who didn't like Amazon having so much control, to agree that the price would have to be set at $14.99, no sales, nothing.
If Amazon didn't like it, they couldn't sell the book at the price they wanted to.

And bad news for Apple, they caught Jobs on video admitting to it when asked about how to compete with Amazon, "it will cost the same".

oof.

Why is that illegal? Arguably, they were challenging Amazon's monopoly on ebooks, right?
Score: 6 Votes (Like | Disagree)
Lazy Avatar
93 months ago
Finally some sanity in a courtroom about this case.
Score: 5 Votes (Like | Disagree)

Popular Stories

iOS 15

Everything New in iOS 15.4 and iPadOS 15.4: Face ID With a Mask, Emojis, Apple Card Widget, Universal Control and More

Thursday January 27, 2022 12:08 pm PST by
Apple today seeded the first betas of iOS 15.4, iPadOS 15.4 to developers for testing purposes, adding a slew of new features to the latest iOS operating systems. iOS 15.4 is the biggest update that we've had to iOS 15 to date, and it brings Universal Control, Face ID with a mask, new emojis, and tons more. Face ID With a Mask With iOS 15.4, there is now an option to unlock your iPhone...
iOS 15

iOS 15.4 Adds New Emoji Like Melting Face, Biting Lip, Heart Hands, Troll and More

Thursday January 27, 2022 11:33 am PST by
With the iOS 15.4 update that was introduced today, Apple has added support for Emoji 14, introducing a selection of new emoji like melting face, biting lip, heart hands, and more. There are 37 new emoji and 75 skin tone additions in Emoji 14, resulting in a total of 112 characters. New faces include melting face, saluting face, face with open eyes and hand over mouth, face with peeking eye, ...
intel vs m1 max chip purple

Benchmarks Confirm Intel's Latest Core i9 Chip Outperforms Apple's M1 Max With Several Caveats

Wednesday January 26, 2022 8:56 am PST by
Benchmark results have started to surface for MSI's new GE76 Raider, one of the first laptops to be powered by Intel's new 12th-generation Core i9 processor. Intel previously said that its new high-end Core i9 processor is faster than Apple's M1 Max chip in the 16-inch MacBook Pro and, as noted by Macworld, early Geekbench 5 results do appear to confirm this claim, but there are several...
MAsk On Face ID iOS 15

iOS 15.4's Face ID With a Mask Feature Requires iPhone 12 or Newer

Thursday January 27, 2022 1:22 pm PST by
In today's iOS 15.4 beta that's available to developers, Apple added a useful new feature that changes the way Face ID works. There's now a Face ID with a Mask option that allows the iPhone to be unlocked when you're wearing a mask, but you need to have an iPhone 12 or newer. Right now, an iPhone can be unlocked with a mask if you have an Apple Watch for authentication to add an extra layer...
MAsk On Face ID iOS 15

iOS 15.4 Beta Lets You Use Face ID With a Mask On

Thursday January 27, 2022 10:54 am PST by
The iOS 15.4 beta that was introduced today added a new feature designed to allow Face ID to be used with a mask and without an Apple Watch for authentication. Apple says that the feature can "recognize the unique features around the eye" for authentication purposes. If you opt to use this feature during setup, you will need to rescan your face for Face ID. From there, Face ID will be able...
Apple Watch Red Yellow Green Feature 1

Apple Launches Black Unity Braided Solo Loop With 'Unity Lights' Watch Face

Wednesday January 26, 2022 6:05 am PST by
Apple today announced the Black Unity Braided Solo Loop for the Apple Watch, as well as a new downloadable watch face, to celebrate Black History Month. Following the launch of the limited edition Black Unity Apple Watch Series 6 and Sport Band in 2021, Apple today launched the Black Unity Braided Solo Loop as part of its celebrations for Black History Month this year.Apple is launching a...
ios 15

Apple Releases iOS 15.3 and iPadOS 15.3 With Fix for Safari Bug That Leaks Browsing Activity

Wednesday January 26, 2022 10:00 am PST by
Apple today released iOS 15.3 and iPadOS 15.3, the third major updates to the iOS and iPadOS 15 operating systems that were released in September 2021. iOS and iPadOS 15.3 come almost two weeks after the release of iOS and iPadOS 15.2.1, minor bug fix updates. The iOS 15.3 and iPadOS 15.3 updates can be downloaded for free and the software is available on all eligible devices over-the-air in ...
General Dropbox Feature

macOS 12.3 Will Include Cloud Storage Changes Affecting Dropbox and OneDrive

Tuesday January 25, 2022 3:31 pm PST by
Dropbox today announced that users who update to macOS 12.3 once that software version becomes available may temporarily encounter issues with opening online-only files in some third-party apps on their Mac. In a support document and an email to customers, Dropbox said it is actively working on full support for online-only files on macOS 12.3 and will begin rolling out an updated version of...