DOJ's Baer Reveals Cover-All-Bases Strategy In E-Books Case
By Melissa Lipman
Law360, New York (September 26, 2013, 8:16 PM EDT) -- When the U.S. Department of Justice sued Apple Inc. and five publishers last year for conspiring to fix e-book prices, many observers wondered why a case that read like a traditional cartel violation wasn't simply brought under the more prosecutor-friendly per se standard. One answer, antitrust chief Bill Baer said Thursday, is insurance.
From the beginning of its investigations, the DOJ's Antitrust Division focuses on the effects of the conduct it is examining rather than on the question that gets much debated in the courts of...