The Department of Justice has responded to recent filings by Apple, Penguin and Macmillan in the matter of the e-book price-fixing settlement, standing by its previous arguments:
— E-books are not a different industry which is not subject to antitrust laws
— Prices at Penguin and other publishers did rise following the implementation of agency pricing by Apple and the agency publishers and the DOJ doesn’t have to show that prices for all e-books rose
— Consumers have been harmed by the conspiracy to raise prices
— There is nothing to show that Amazon will have a monopoly if the settlement goes through
The DOJ also responded specifically to Apple’s recent claim that if the settlement went through its business would be affected negatively without it having the benefit of a trial on the matter: Under the Tunney Act, Apple does not have the right to preclude the United States or other defendants from enjoying the benefits of a settlement before a trial, the DOJ wrote.
In response to the arguments from Barnes & Noble and the American Booksellers Association, the DOJ wrote that the large number of comments from interested parties opposing the settlement was not reason to determine that it wasn’t in the public interest.
Read the entire filing here.