Apple Loses Antitrust Appeal

Apple ebook antitrust price-fixing Denise Cote

360b /

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.


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