Federal Judge Finds Apple Conspired to Fix e-Book Prices

, New York Law Journal


Following a bench trial in which Judge Denise Cote heard testimony about Apple's plan to plunge into the e-book market by combining with publishers fed up with the $9.99 price charged by Amazon, the judge said that "the evidence is overwhelming that Apple knew of the unlawful aims of the conspiracy and joined the conspiracy with the specific intent to help it succeed."

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What's being said

  • Mike M

    Interesting doctrine the judge used to impose "per se" liability on Apple here: mere knowledge of unlawful intent by your suppliers precludes you from engaging with them on your normal business model (i.e., 30% share of proceeds received by app sellers in the Apple app store) if that helps enable the supplier's conspiracy. Does the same doctrine apply to truckers who transport the books? To communications carriers that provide the internet connections to enable the sale of e-books? To Google and Yahoo who allow the publishers to place ads promoting their books?

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