ibooks-iconLast year, Apple lost a monumental e-book antitrust case that alleged the company had colluded with publishers to raise the price of e-books. As a result, Apple was forced to submit to a cumbersome external antitrust monitor and the company agreed to pay out $450 million as part of a settlement with several class action lawyers and state district attorneys.

Throughout the lawsuit, Apple maintained its innocence, and in February, the company formally filed for an appeal, asking the U.S. Circuit Court of Appeals to overturn the original ruling. In the appeal filing, Apple called the judge's decision a "radical departure" from modern antitrust law.

As of this week, Apple's case is being heard in appeals court, and it appears that things are going in the company's favor thus far. According to a report from Reuters, some of the judges "appeared sympathetic" to Apple's argument that its agreements with e-book publishers were "pro-competitive."

One of Apple's main arguments during the e-book antitrust case focused on Judge Cote's treatment of the company. Apple believes it was treated unfairly because Cote opted to ignore the positive impact that Apple had on introducing competition into the e-book market at a time when Amazon had a 90 percent market share.

Rather than being treated as a new entrant into the e-book market, which would have demanded a "rule of reason" analysis that judged Apple's impact on improving competition in a way that was good for consumers, Apple's role was viewed as "per se illegal" and automatically labeled anticompetitive despite Amazon's large command of the e-book market.

Circuit Judge Dennis Jacobs asked a Department of Justice lawyer why it was wrong for the publishers to get together to defeat a "monopolist" that was using "predatory pricing."

"It's like the mice getting together to put a bell on the cat," Jacobs said.

Circuit Judge Debra Livingston also said it was "troubling" that Apple's normally "perfectly legal" contracts were labeled as a scheme. A lawyer for Apple told the judges "We think the conduct here was innovative and pro-competitive." Should Apple win its appeal, it may not have to pay the $450 million settlement it reached in July. If the case is overturned, Apple will pay no fines, and if it's sent back to Judge Cote for a retrial, Apple will pay just $50 million to consumers and $20 million in attorney fees.

Top Rated Comments

napabar Avatar
135 months ago
What is this, Fox News?

Everything I am reading, Apple has no chance and the mountain of evidence that the original judge had is very sound.

http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/65020-can-apple-win-its-e-book-appeal.html?utm_source=Publishers+Weekly&utm_campaign=3446655f4c-UA-15906914-1&utm_medium=email&utm_term=0_0bb2959cbb-3446655f4c-304719213#path/pw/by-topic/digital/content-and-e-books/article/65020-can-apple-win-its-e-book-appeal.html?utm_source=Publishers+Weekly&utm_campaign=3446655f4c-UA-15906914-1&utm_medium=email&utm_term=0_0bb2959cbb-3446655f4c-304719213



Good luck Apple and Fast Eddie, tap dancing out of this one.


Are you daft? The case against Apple is weak. Did you not read the appellate judges comments? Even they are finding it hard to believe.

Come back when you actually have read the article and put your anti-Apple, anti-business bias to rest.
Score: 13 Votes (Like | Disagree)
2457282 Avatar
135 months ago
I never understood what Apple did that was wrong. I still don't. Clearly I am not a lawyer and I am sure there is some strange law that creates a technicality that is being employed. However, for the average Joe (or Jose in my case :D), what makes sense is that Apple came in and provided the first viable option to Amazon. And have prices or competition improved since they were found guilty? No.

I hope this appeal will at least clarify what the heck the crime was in Joe/Jose terms.
Score: 8 Votes (Like | Disagree)
mw360 Avatar
135 months ago
Appellate judges? It was one of the three.

It was two of the three.
Score: 7 Votes (Like | Disagree)
Iconoclysm Avatar
135 months ago
But, but, but, a Judge prejudging a case before the trial has started is very bad, isn't?

This is an appeal...they're dealing directly with the DoJ...nice try!

----------

Weak??? They lost the case! That is why they are appealling.
Hhahahaha


Keep drinking the Kool-aide.

If it wasn't weak somehow, there would be no appeal. Please hold the unnecessary laughter when you reply.
Score: 6 Votes (Like | Disagree)
thekeyring Avatar
135 months ago
In a quick snapshot, here goes...

Amazon was selling ebooks, mostly for $9.99.

Jobs and Fast Eddie came up with a scheme to get into the ebook market for their new iPad, without having to compete with price (the last thing they wanted to do).
So they colluded with a bunch of publishers, who didn't like Amazon having so much control, to agree that the price would have to be set at $14.99, no sales, nothing.
If Amazon didn't like it, they couldn't sell the book at the price they wanted to.

And bad news for Apple, they caught Jobs on video admitting to it when asked about how to compete with Amazon, "it will cost the same".

oof.

Why is that illegal? Arguably, they were challenging Amazon's monopoly on ebooks, right?
Score: 6 Votes (Like | Disagree)
Lazy Avatar
135 months ago
Finally some sanity in a courtroom about this case.
Score: 5 Votes (Like | Disagree)

Popular Stories

AirPods Pro 3 Mock Feature

AirPods Pro 3 Just Months Away – Here's What We Know

Friday April 18, 2025 5:16 am PDT by
Despite being more than two years old, Apple's AirPods Pro 2 still dominate the premium wireless‑earbud space, thanks to a potent mix of top‑tier audio, class‑leading noise cancellation, and Apple's habit of delivering major new features through software updates. With AirPods Pro 3 widely expected to arrive in 2025, prospective buyers now face a familiar dilemma: snap up the proven...
iphone 16 pro models 1

17 Reasons to Wait for the iPhone 17

Thursday April 17, 2025 4:12 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we often get rumored features months ahead of launch. The iPhone 17 series is no different, and we already have a good idea of what to expect from Apple's 2025 smartphone lineup. If you skipped the iPhone...
Beyond iPhone 13 Better Triad

Apple's 20th Anniversary iPhone May Finally Go All Screen

Tuesday April 15, 2025 6:31 am PDT by
Apple is preparing a "bold" new iPhone Pro model for the iPhone's 20th anniversary in 2027, according to Bloomberg's Mark Gurman. As part of what's being described as a "major shake-up," Apple is said to be developing a design that makes more extensive use of glass – and this could point directly to the display itself. Here's the case for Apple releasing a truly all-screen iPhone with no...
maxresdefault

iPhone 17 Pro Launching Later This Year With These 12 New Features

Sunday April 13, 2025 7:52 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Subscribe to the MacRumors YouTube channel for more videos. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and ...
CarPlay Hero

Apple Releases Wireless CarPlay Fix

Wednesday April 16, 2025 11:28 am PDT by
If you have been experiencing issues with wireless CarPlay in your vehicle lately, it was likely due to a software bug that has now been fixed. Apple released iOS 18.4.1 today, and the update's release notes say it "addresses a rare issue that prevents wireless CarPlay connection in certain vehicles." If wireless CarPlay was acting up for you, updating your iPhone to iOS 18.4.1 should...
iOS 18

iOS 18.5 Includes Only a Few Changes So Far

Monday April 21, 2025 11:00 am PDT by
Apple seeded the third beta of iOS 18.5 to developers today, and so far the software update includes only a few minor changes. The changes are in the Mail and Settings apps. In the Mail app, you can now easily turn off contact photos directly within the app, by tapping on the circle with three dots in the top-right corner. In the Settings app, AppleCare+ coverage information is more...
top stories 2025 04 19

Top Stories: iPhone 17 Pro Rumors, CarPlay Bug Fix, and More

Saturday April 19, 2025 6:00 am PDT by
This week saw rumor updates on the iPhone 17 Pro and next-generation Vision Pro, while a minor iOS 18.4.1 update delivered not just security fixes but also a fix for some CarPlay issues. We also looked ahead at what else is in Apple's pipeline for the rest of 2025 and even the 20th-anniversary iPhone coming in 2027, so read on below for all the details on these stories and more! iPhone 17 ...