Apple E-Books Court Sticks Landing With Tough Antitrust Test

Law360, New York (June 30, 2015, 9:33 PM EDT) -- Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.

A split three-judge panel upheld Apple's loss to the U.S. Department of Justice at trial in 2013, ruling that the watchdog needed simply to show that the company conspired with five publishers to fix prices, not that the anti-competitive effects of Apple's...
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