Roger Fingas
Apple has formally asked the U.S. Supreme Court to overturn a lower appeals court ruling from June, which upheld a judgment that Apple violated antitrust laws in its 2010 e-book dealings with publishers.
Backing the 2nd U.S. Circuit Court of Appeals would "chill innovation and risktaking," and even "harm competition and the national economy," Apple claimed in its petition, seen by Reuters. The company further suggested that the 2nd Circuit broke with precedent set by the Supreme Court.
Word that Apple was aiming to take the case to the highest levels emerged in mid-September, when the company filed for a 30-day extension on the deadline to submit a Supreme Court challenge.
In July 2013, U.S. District Judge Denise Cote sided with Justice Department and found that Apple conspired with publishers to artificially inflate e-book prices, based on evidence like emails from former CEO Steve Jobs. Although Amazon's then-standard $10 pricetag was allegedly the main target, Apple's tactics — legal or illegal — forced standard prices up several dollars across the industry.
Should the Supreme Court support the 2nd Circuit, Apple will owe $450 million to states and consumers as part of a 2014 settlement agreement. At the least, however, the company has already managed to free itself from a court-appointed antitrust monitor.
AppleInsider Staff
Malcolm Owen
Oliver Haslam
Andrew O'Hara
Wesley Hilliard
William Gallagher
Christine McKee
13 Comments
Sue Judge Cote and Bromwich to get that money back also.
I believe the correct technical term for the Amazon price control for ebooks is monopsony. If that is the case, I don't think there are any laws against it.
Amazing that Apple's efforts actually increased competition and temporarily thwarted a near monopoly / monopoly in ebooks by a company using predatory pricing behaviors to lock out competition. This was one of the most wrongheaded judgements in recent memory.
Either way, Amazon won.
Wonder what Michael Bromwich's total bill was?
$450,000,000.00 is pocket change to get rid of that prick.
If they prevail at SCOTUS, then they should be awarded damages from Cote and her Brombitch to the tune of his fees and her Judgeship.