• Apple's Request to Dismiss E-book Class Action Lawsuit Denied



    Apple recently received a legal slap on Wednesday when U.S. District Judge Denise Cote rejected Apple’s request to dismiss a class action lawsuit against Apple and five publishers. Judge Cote scoffed at the idea that Apple and the publishers acted independently when it comes to what’s known as agency pricing, their defense to the charges that they were price-fixing ebooks. Not only did she deny the request for dismissing the lawsuit, she accused Steve jobs of being the center of it all. Parts of the judge's statement mentioned the following:

    In short, Apple did not try to earn money off of eBooks by competing with other retailers in an open market; rather, Apple 'accomplished this goal by [helping] the suppliers to collude, rather than to compete independently.

    Finally, the fact that Apple might have had different motivations for joining the conspiracy, and was involved in only a portion of it, does not undermine the existence of the conspiracy itself or Apple's role as a participant.
    Cote also cited multiple ongoing investigations against Apple, including the antitrust suit filed by the U.S. Department of Justice, as other reasons to maintain this class action lawsuit. This move could possibly work against Apple in the future, we’ll have to just wait and see what ends up happening.

    Source: paidContent
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