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Posts tagged department of justice

States rights to damages bode ill for Apple
April 16, 2014 | 6:25 pm

AppleLegal developments around the Apple ebook price fixing debacle are not exactly going Cupertino's way. Most recently, U.S. District Judge Denise Cote, to no one's great surprise, returned a negative response to Apple's motion to dismiss the damage claims brought by 33 states of the Union in their previous parallel case alongside the U.S. Justice Department. According to Reuters, the damage claims from U.S. states could amount to some $840 million. "Apple now moves to dismiss the antitrust action filed by the States. Apple contends that the States lack standing to assert their claims against Apple or, at the very least,...

Apple anti-trust plaintiffs want summary judgment on damages, trial to stay where it is
March 10, 2014 | 1:04 pm

Andrew Albanese at Publishers Weekly has details on the plaintiffs’ latest filings in the Apple anti-trust case. In brief, the attorneys argue that Judge Cote has enough evidence to decide on Apple’s damages in summary judgment, without needing a trial. It’s already a well-established fact that consumers were harmed; the only question is how much the damages should be, and most experts, including Apple’s own, tend to come pretty close to the same figure on those. They also reject Apple’s request to separate the trials and move them back to their original venues. It’s too late in the game...

Apple files opening brief in e-book anti-trust trial appeal
February 26, 2014 | 7:12 pm

Ars Technica reports that Apple has filed a 75-page opening brief in its appeal of Judge Cote’s decision finding it guilty of engaging in a conspiracy with the publishers to help raise prices. The Ars article has a reasonable summary of Apple’s arguments. Fundamentally, many of them are the same arguments that lost it the case in trial court: it just negotiated the most favorable contract for itself, and couldn’t be blamed for what the publishers, busy little bees that they are, imposed on other retailers. It acted to increase competition by making it possible for new players...

Judge Cote assigns anti-trust monitor mediator, warns Apple against withholding documents
February 21, 2014 | 3:46 pm

The Apple anti-trust affair proceeds apace. In the wake of the appeals court decision allowing the monitor’s work to go ahead, Andrew Albanese reports at Publishers Weekly, Judge Cote has assigned a magistrate judge to act as a first-line mediator to resolve any disputes between Apple and anti-trust monitor Michael Bromwich, subject to appeal to her. (It’s the same magistrate, Michael Dolinger, who was also assigned to arbitrate the matter of Bromwich’s fee, so apparently his brief has been widened.) Cote also told Apple it needs to go ahead and fork over all the documents Bromwich requested by February 26th....

Apple antitrust plaintiffs ask for $840 million in damages
February 3, 2014 | 3:43 pm

The Apple e-book case proceeds apace. The class plaintiffs filed a brief asking for summary judgment of damages and putting forward their estimate of the final damage to consumers as being between $231 and $280 million—18.1% of the revenue taken in from e-books during the period in question. With the treble damages, that means Apple could be on the hook for as much as $840 million altogether. Apple has, of course, objected to the estimate, and seeks to bar the testimony of Stanford economist Roger Noll who came up with it. Though, as plaintiffs’ lawyer Steve Berman pointed...

Macmillan Speaks…once
January 21, 2014 | 6:16 pm

I was clicking around links from my post about Steven Zacharius earlier today when I happened onto something amusing. Or, at least, amusing to me. Back in April of 2012, when John Sargent made his defiant post declaring Macmillan would not settle with the Department of Justice, he posted it via the Tor.com blog, with a link to a website called “Macmillan Speaks” for people who wanted to leave comments. The funny thing is, when I go to Macmillan Speaks now, all I see is that one, single solidary post from 21 months ago. Even his post surrendering to...

Appeals court issues temporary stay of Apple antitrust monitorship pending hearing the appeal
January 21, 2014 | 4:39 pm

The Second Circuit Court of Appeals just issued a temporary stay (PDF) of the antitrust monitorship over Apple pending further review by a three-judge panel. As I understand it, this isn’t really a full victory for Apple so much as it is a standard part of the process of appeal; they’re staying the monitorship only until they can hear the appeal in full. At that point they will decide whether it gets a permanent stay. There’s really not more to report than that right now. Even news sources like the New York Times simply follow it up with a...

Opinion filing details Judge Cote’s rationale for denying stay of Apple monitor
January 17, 2014 | 1:31 pm

Ever try to give a cat a bath? That’s the experience Judge Cote seems to be having trying to get Apple to play nice with its court-appointed antitrust monitor. She finally filed her opinion (PDF) on the decision she issued concerning Apple’s move for a stay and removal of Michael Bromwich yesterday. Computer problems at her court had prevented it from being filed earlier (PDF). The decision weighs in at a whopping 64 pages. As with her original decision in the matter, Judge Cote clearly didn’t want to leave anything to chance in the appeal. Over the course...

Judge Cote denies Apple request for stay and removal of Bromwich as monitor
January 14, 2014 | 10:17 am

Well, that went about as expected. Judge Cote made her ruling yesterday turning down Apple’s request for a stay of, and preferably the dismissal of, its court-appointed anti-trust monitor, Michael Bromwich. She hasn’t issued her opinion yet; I’ll keep checking throughout the day to see when it appears and update the story accordingly. [Update: Rather than update this post, I wrote a whole new one about it.] Reuters has a fairly sparse writeup, but Andrew Albanese at Publishers Weekly comes through with considerably more detail. The judge essentially demolished Apple’s arguments, noting that Bromwich’s actions were indeed in...

DOJ, state, and consumer attorneys fire back at Apple over antitrust monitor stay request
January 1, 2014 | 11:18 am

Let’s ring in the new year with some news on the Apple antitrust case. Earlier this week Andrew Albanese at Publishers Weekly reported on a couple of matters pertaining to the case. First, Judge Cote turned down Apple’s request to have more time to depose Stanford economist Roger Noll, who was responsible for coming up with the damage figure of $307 million Apple is being hit with at the trial. Judge Cote did say Apple can file a sur-reply stating its objections. The more interesting news, though, has to do with the lawyers for the Department of Justice and...

DoJ fires back at Apple over anti-trust monitor issues
December 16, 2013 | 7:15 pm

Is Apple’s independent anti-trust monitor, Michael Bromwich, overreaching, as we reported Apple claimed last week? Not according to the Department of Justice. Andrew Albanese reports in Publishers Weekly on a recent letter to the court from the DoJ. U.S. attorney Lawrence Buterman accused Apple of trumping up concerns over the monitor in order to help make a case for a stay on the order pending its appeal. “The United States and Plaintiff States have reviewed Apple’s filings, and have spoken on multiple occasions with both Apple and Mr. Bromwich concerning Apple’s objections,” Buterman wrote. “Based on...

Apple E-Book Price-Fixing: A look back at the $9.99 boycott
August 17, 2013 | 11:22 am

e-bookReading the latest news, it seems as if the actions taken by Apple in its earlier attempts at price fixing have always been obvious. It may come as a shock to some that this has not always been the case. The events that played out at the beginning of the post-Kindle e-book era have been tumultuous at best and downright ugly at their worst.  There was a clear and concerted effort on the part of our country's largest publishers and one of its largest tech companies to underhandedly force artificially high price points on customers. In the past, the story may very...