A Few Interesting Questions Raised By Apple E-Books Case

Law360, New York (August 9, 2013, 6:46 PM EDT) -- On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order (United States v. Apple Inc., ___ F. Supp. 2d ___, (S.D.N.Y. 2013) finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon “wholesale” e-book pricing in favor of “agency pricing,” pursuant to which the publisher set a higher retail price, with the distributor acting as the publisher’s agent and receiving a commission. All five publishers (Hachette Book...
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