Apple, Simon & Schuster appeal price-fix ruling in e-book case


Orin Snyder, Apple's lead attorney.

Apple will continue to fight the allegations that it conspired with some of the largest book publishers to fix e-book prices. Apple notified the Second Circuit Court of Appeals that it intends to appeal a July district court decision that found Apple violated antitrust laws.

In addition, Apple and Simon & Schuster, the CBS-owned book publisher, also notified the appeals court that they want it to toss out an injunction imposed on Apple by US District Judge Denise Cote. The judge ruled last month that Apple must accept monitoring by a third party to ensure that the company complies with antitrust laws. Apple was also ordered to sever any agreements with the top five book publishers that restrict retail ebook prices.

Apple faces long odds Orin Snyder, Apple's lead attorney wrote "Apple also hereby appeals from any and all orders and rulings that were adverse to it." Legal experts told All Things D in July that Apple faces long odds at overturning Cote's decision because of "extensive factual findings and careful application of law."

In 2012, the Department of Justice filed a civil lawsuit against Apple and five of the six largest book publishers and accused them of agreeing in secret to raise and fix ebook prices. All the publishers previously settled with the government. The case is a blemish to Apple's reputation as a consumer-friendly company and leaders have denied any wrongdoing. According to GigaOm, Apple doesn't have to file its appeal until next year.

The Verge
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