Wednesday 22 November 2017

Apple found guilty of fixing e-book prices

Apple have been accused of colluding with five publishers
Apple have been accused of colluding with five publishers

IN a decision that could reshape how books are sold on the internet, a federal judge ruled that Apple conspired to raise the retail prices of e-books in violation of antitrust law, and called for a trial on damages.

The decision may end up having ramifications on this side of the Atlantic as well, with publishers under pressure to maintain prices even as Amazon relentlessly cuts them.

The decision by US District Judge Denise Cote in Manhattan is a victory for the US government and various states, which the judge said are entitled to injunctive relief.

Apple had been accused of colluding with five publishers to boost e-book prices beginning in late 2009, as it was preparing to launch its popular iPad tablet.

The US Department of Justice said this conspiracy was designed to undercut online retailer Inc's dominance of the market.

Only Apple went to trial, while the publishers – Lagardere SCA's Hachette Book Group and Macmillan, News Corp's HarperCollins Publishers, Pearson's Penguin Group (USA) and CBS's Simon & Schuster – settled with the US government and the states.

Ms Cote said the conspiracy resulted in prices for some e-books rising to $12.99 or $14.99, when Amazon had sold them for $9.99.

"The plaintiffs have shown that the publisher defendants conspired with each other to eliminate retail price competition in order to raise e-book prices, and that Apple played a central role in facilitating and executing that conspiracy," Ms Cote said.

"Without Apple's orchestration of this conspiracy, it would not have succeeded as it did in the spring of 2010," she added.

Apple did not immediately respond to a request for comment.

Ms Cote issued her 159-page decision after a non-jury trial that ended on June 20. (Reuters)

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