• Apple Widely Expected to Trounce DOJ in Court

    As evidenced by MMi's comprehensive coverage over the last 24 hours, one of the biggest stories in tech and business this week is the lawsuit filed by the U.S. Department of Justice against Apple and five of the largest publishing houses in the world.

    By now, you're likely well aware of why the DOJ is pursuing Apple and publishers Hachette, Harper Collins, Simon & Shuster, Macmillan, and The Penguin Publishing Co. Ltd. Apple and it's cohorts in the eBook world have allegedly engaged in unsavory practices regarding ebook price fixing.

    So is Apple going to get beaten and battered in the court of law? Don't count on it, say more than a few expert legal scholars who have assessed the situation. By and large, most expect Apple to trounce the government, which has a whole lot less cash to blow on lawyers than Apple does.

    Dominick Armentano, professor emeritus of economics at the University of Hartford, tells CNET that Apple will likely come out unscathed from the matter. The publishing houses may not be so lucky, however. Geoffrey Manne, who teaches antitrust law at the Lewis and Clark Law School in Oregon, agrees. "It's a harder case against Apple than the publishers," Manne asserts.
    The U.S. Justice Department's legal pursuit of Apple for alleged e-book price fixing stretches the boundaries of antitrust law and is likely to end in defeat. That's what happened in 1982, when an embarrassed Justice Department admitted its antitrust lawsuit against IBM was "without merit" and abandoned the case.
    "I'm not saying that Apple can smile and walk away from this," Joseph Bauer, a professor of law at the University of Notre Dame, adds. "It's just that the government will have to show that Apple had some kind of involvement in the original arrangement."

    Source: CNET
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