Judge Denise Cote of the Southern District Court, New York, yesterday ruled in favour of plaintiffs, The United States Department of Justice (DOJ). In her ruling she found defendant Apple Inc. guilty of colluding with publisher defendants to raise, fix and stablize the retail price of new release and bestselling e-books in violation of the Sherman Antitrust Act.
“This Opinion presents the Court’s findings of fact and conclusions of law following the bench trial that was held from June 3 to 20, 2013 to resolve the issue of Apple’s liability and the scope of any injunctive relief. As described below, the Plaintiffs have shown that Apple conspired to raise the retail price of e-books and that they are entitled to injunctive relief. A trial on damages will follow.”
“Based on the trial record, and for the reasons stated herein, this Court finds by a preponderance of the evidence that Apple conspired to restrain trade in violation of Section 1 of the Sherman Act and relevant state statutes to the extent those laws are congruent with Section 1. A scheduling order will follow regarding the Plaintiffs’ request for injunctive relief and damages.”
Dated: New York, New York, July 10th.
Denise Cote, United States District Judge.
You can read the full court ruling (160 pages) here.