Appeals Court Upholds Apple Ebook Antitrust Ruling

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Posted 2 years ago

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Court Rules: Bulk Collection Of Phone Records Is IllegalAn antitrust ruling against Apple that was appealed by the technology giant was upheld in a federal appeals court.

The case, U.S. v. Apple Inc., 13-3741, was first heard and ruled on in July 2013 in a lower court.

Apple was accused of entering into a conspiracy with five publishers to fix the prices of electronic books that they offered for purchase in the lawsuit filed by 33 state attorneys general and the Justice Department.

The original judge in the case, Judge Denise Cote, ruled in favor of the government, citing statements by the late Steve Jobs that showed a targeting of Amazon.

The decision to uphold the ruling came as the result of a 2-1 vote.  Circuit Judge Debra Ann Livingston referred to the original ruling notes in her summation of the decision: “By organizing a price-fixing conspiracy, Apple found an easy path to opening its iBookstore, but it did so by ensuring that market-wide e-book prices would rise to a level that it, and the publisher defendants, had jointly agreed on.”

Apple’s response was to deny the charges, but it offered no comment on whether they would pursue another appeal – if they do, that case would then come before the Supreme Court.

Christopher A. Smith

HR

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