DOJ proposes remedy to address Apple’s alleged ebook price fixing
TweetFollow Us on Twitter

DOJ proposes remedy to address Apple’s alleged ebook price fixing

The Department of Justice and 33 state attorneys general have submitted to the court a proposed remedy to address Apple's illegal conduct, following the July 10, 2013, U.S. District Court for the Southern District of New York decision finding that Apple conspired to fix the prices of e-books in the United States. The proposed relief "is intended to halt Apple’s anticompetitive conduct, restore lost competition and prevent a recurrence of the illegal activities."
 
"The court found that Apple’s illegal conduct deprived consumers of the benefits of e-book price competition and forced them to pay substantially higher prices," says Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "Under the department’s proposed order, Apple’s illegal conduct will cease and Apple and its senior executives will be prevented from conspiring to thwart competition in the future."
 
The department’s proposal, if approved by the court, will require Apple to terminate its existing agreements with the five major publishers with which it allegedly conspired -- Hachette Book Group (USA), HarperCollins Publishers L.L.C., Holtzbrinck Publishers LLC, which does business as Macmillan, Penguin Group (USA) Inc. and Simon & Schuster Inc. -- and to refrain for five years from entering new e-book distribution contracts which would restrain Apple from competing on price. 

Under the department’s proposed remedy, Apple will be prohibited from again serving as a conduit of information among the conspiring publishers or from retaliating against publishers for refusing to sell e-books on agency terms. Apple will also be prohibited from entering into agreements with suppliers of e-books, music, movies, television shows or other content that are likely to increase the prices at which Apple’s competitor retailers may sell that content. 

To "reset competition to the conditions" that existed before the conspiracy, Apple must also for two years allow other e-book retailers like Amazon and Barnes & Noble to provide links from their e-book apps to their e-bookstores, allowing consumers who purchase and read e-books on their iPads and iPhones to compare Apple’s prices with those of its competitors.
 
Additionally, the Department of Justice is asking the court to appoint an external monitor to ensure that Apple’s internal antitrust compliance policies are sufficient to catch anticompetitive activities before they result in harm to consumers. The monitor, whose salary and expenses will be paid by Apple, will work with an internal antitrust compliance officer who will be hired by and report exclusively to the outside directors comprising Apple’s audit committee. The antitrust compliance officer will be responsible for training Apple’s senior executives and other employees about the antitrust laws and ensuring that Apple abides by the relief ordered by the court.
 
On April 11, 2012, the department filed a civil antitrust lawsuit in the U.S. District Court for the Southern District of New York against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster, for conspiring to end e-book retailers' freedom to compete on price by taking control of pricing from e-book retailers and substantially increasing the prices that consumers paid for e-books.
 
At the same time that it filed the lawsuit, the department reached settlements with three of the publishers -- Hachette, HarperCollins and Simon & Schuster. Those settlements were approved by the court in September 2012.  The department settled with Penguin on Dec. 18, 2012, and with Macmillan on Feb. 8, 2013. The Penguin settlement was approved by the court in May 2013. Final approval of the Macmillan settlement is pending before the court. 

Under the settlements, each publisher was required to terminate agreements that prevented e-book retailers from lowering the prices at which they sell e-books to consumers and to allow for retail price competition in renegotiated e-book distribution agreements.
 
The department’s trial against Apple, which was overseen by Judge Denise Cote, began on June 3, 2013. The trial lasted for three weeks, with closing arguments taking place on June 20. The court issued its opinion that Apple violated Section 1 of the Sherman Act on July 10,.  The court will hold a hearing on remedies on Aug. 9, 2013.

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Latest Forum Discussions

See All

Top Mobile Game Discounts
Every day, we pick out a curated list of the best mobile discounts on the App Store and post them here. This list won't be comprehensive, but it every game on it is recommended. Feel free to check out the coverage we did on them in the links... | Read more »
Price of Glory unleashes its 1.4 Alpha u...
As much as we all probably dislike Maths as a subject, we do have to hand it to geometry for giving us the good old Hexgrid, home of some of the best strategy games. One such example, Price of Glory, has dropped its 1.4 Alpha update, stocked full... | Read more »
The SLC 2025 kicks off this month to cro...
Ever since the Solo Leveling: Arise Championship 2025 was announced, I have been looking forward to it. The promotional clip they released a month or two back showed crowds going absolutely nuts for the previous competitions, so imagine the... | Read more »
Dive into some early Magicpunk fun as Cr...
Excellent news for fans of steampunk and magic; the Precursor Test for Magicpunk MMORPG Crystal of Atlan opens today. This rather fancy way of saying beta test will remain open until March 5th and is available for PC - boo - and Android devices -... | Read more »
Prepare to get your mind melted as Evang...
If you are a fan of sci-fi shooters and incredibly weird, mind-bending anime series, then you are in for a treat, as Goddess of Victory: Nikke is gearing up for its second collaboration with Evangelion. We were also treated to an upcoming... | Read more »
Square Enix gives with one hand and slap...
We have something of a mixed bag coming over from Square Enix HQ today. Two of their mobile games are revelling in life with new events keeping them alive, whilst another has been thrown onto the ever-growing discard pile Square is building. I... | Read more »
Let the world burn as you have some fest...
It is time to leave the world burning once again as you take a much-needed break from that whole “hero” lark and enjoy some celebrations in Genshin Impact. Version 5.4, Moonlight Amidst Dreams, will see you in Inazuma to attend the Mikawa Flower... | Read more »
Full Moon Over the Abyssal Sea lands on...
Aether Gazer has announced its latest major update, and it is one of the loveliest event names I have ever heard. Full Moon Over the Abyssal Sea is an amazing name, and it comes loaded with two side stories, a new S-grade Modifier, and some fancy... | Read more »
Open your own eatery for all the forest...
Very important question; when you read the title Zoo Restaurant, do you also immediately think of running a restaurant in which you cook Zoo animals as the course? I will just assume yes. Anyway, come June 23rd we will all be able to start up our... | Read more »
Crystal of Atlan opens registration for...
Nuverse was prominently featured in the last month for all the wrong reasons with the USA TikTok debacle, but now it is putting all that behind it and preparing for the Crystal of Atlan beta test. Taking place between February 18th and March 5th,... | Read more »

Price Scanner via MacPrices.net

AT&T is offering a 65% discount on the ne...
AT&T is offering the new iPhone 16e for up to 65% off their monthly finance fee with 36-months of service. No trade-in is required. Discount is applied via monthly bill credits over the 36 month... Read more
Use this code to get a free iPhone 13 at Visi...
For a limited time, use code SWEETDEAL to get a free 128GB iPhone 13 Visible, Verizon’s low-cost wireless cell service, Visible. Deal is valid when you purchase the Visible+ annual plan. Free... Read more
M4 Mac minis on sale for $50-$80 off MSRP at...
B&H Photo has M4 Mac minis in stock and on sale right now for $50 to $80 off Apple’s MSRP, each including free 1-2 day shipping to most US addresses: – M4 Mac mini (16GB/256GB): $549, $50 off... Read more
Buy an iPhone 16 at Boost Mobile and get one...
Boost Mobile, an MVNO using AT&T and T-Mobile’s networks, is offering one year of free Unlimited service with the purchase of any iPhone 16. Purchase the iPhone at standard MSRP, and then choose... Read more
Get an iPhone 15 for only $299 at Boost Mobil...
Boost Mobile, an MVNO using AT&T and T-Mobile’s networks, is offering the 128GB iPhone 15 for $299.99 including service with their Unlimited Premium plan (50GB of premium data, $60/month), or $20... Read more
Unreal Mobile is offering $100 off any new iP...
Unreal Mobile, an MVNO using AT&T and T-Mobile’s networks, is offering a $100 discount on any new iPhone with service. This includes new iPhone 16 models as well as iPhone 15, 14, 13, and SE... Read more
Apple drops prices on clearance iPhone 14 mod...
With today’s introduction of the new iPhone 16e, Apple has discontinued the iPhone 14, 14 Pro, and SE. In response, Apple has dropped prices on unlocked, Certified Refurbished, iPhone 14 models to a... Read more
B&H has 16-inch M4 Max MacBook Pros on sa...
B&H Photo is offering a $360-$410 discount on new 16-inch MacBook Pros with M4 Max CPUs right now. B&H offers free 1-2 day shipping to most US addresses: – 16″ M4 Max MacBook Pro (36GB/1TB/... Read more
Amazon is offering a $100 discount on the M4...
Amazon has the M4 Pro Mac mini discounted $100 off MSRP right now. Shipping is free. Their price is the lowest currently available for this popular mini: – Mac mini M4 Pro (24GB/512GB): $1299, $100... Read more
B&H continues to offer $150-$220 discount...
B&H Photo has 14-inch M4 MacBook Pros on sale for $150-$220 off MSRP. B&H offers free 1-2 day shipping to most US addresses: – 14″ M4 MacBook Pro (16GB/512GB): $1449, $150 off MSRP – 14″ M4... Read more

Jobs Board

All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.