Apple Loses Antitrust Appeal

Apple ebook antitrust price-fixing Denise Cote

360b / Shutterstock.com

An appeals court yesterday affirmed Judge Denise Cote’s 2013 verdict finding Apple guilty of violating antitrust laws by conspiring with publishers to fix ebook prices. The majority opinion in the two-to-one ruling finds Cote’s judgment in the case “amply supported and well-reasoned.”

But a dissent from the third judge on the panel lays the groundwork for Apple to appeal a final time, to the U.S. Supreme Court.

Judge Dennis Jacobs writes that “Apple was a major potential competitor in a market dominated by a 90 percent monopoly and was justifiably unwilling to enter a market on terms that would assure a loss on sales or exact a toll on its reputation.”

Many expect Apple to take a cue from Jacobs’s opinion and let the highest court in the land have the final say—before the tech company starts having to pay customers some $400 million worth of settlements credits.

More.


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