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Judge Cote Certifies Consumer Class, Excludes Much of Apple's Expert Witness Testimony

Late Friday afternoon Judge Denise Cote issued two rulings in the ongoing ebook antitrust case. The first finally grants class certification for the consumers who first sued Apple and the Agency Five publishers back in 2011 and officially sought certification last October, in an 86-page order. (The publishers, of course, settled,…

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As Customers Receive eBook Settlement Credits, Other Retailers File Antitrust Suits

Amazon customers received a present in their accounts this morning courtesy of the ebook settlements between the "Agency Five" publishers and various state governments: store credit to buy more books (print or ebooks). As previously outlined, customers who bought at least one ebook published by Hachette, HarperCollins, Simon & Schuster,…

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Kobo Continues to Press Case to Preserve Agency In Canada

Kobo continues to press their motion to rescind the ebook pricing consent agreements in Canada between the Competition Commission and the four agency publishers that we first reported on last week. In a memorandum of fact filed March 10, they reiterated their primary argument that "without a stay, Kobo will…

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Kobo Opposes Canadian Pricing Settlements; Economists Support Apple's Appeal

Kobo recently filed in opposition to the agency pricing publisher settlements in Canada, objecting to the rapid 40-day timeframe in which they need to renegotiate major publisher contracts, but also arguing that the newly-imposed terms will make them "suffer significant unrecoverable losses" if "Kobo accepts the amendments and shifts its operations…

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Apple Makes Their Case to the Appeals Court

On Tuesday Apple filed with the Second Circuit Court of Appeals their arguments to overturn Judge Denise Cote's ruling finding the company guilty of violating the Sherman Act when they entered the ebook market with their agency contracts. The company's attorneys write: "The district court's ruling that Apple, in the very…

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Apple Asks For Next eBook Trial(s) to be Moved Back to California, Texas

Apple has not been doing well in New York's Southern District under Judge Denise Cote, so the company is trying a last-minute effort to get the damages trial moved to a different venue. Or rather, split into two venues. They want the judicial panel for multidistrict litigation to return the…

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People, Etc.

At William Morrow, Kate Nintzel has been promoted to executive editor. At Candlewick, Mary Lee Donovan has been promoted to editorial director. At becker&mayer!, Dana Youlin has been promoted to editorial manager, Delia Greve has been promoted to senior editor, and Nicole Burns Ascue is now associate editor. In the…

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Appeals Court and Government Agree that Apple Monitor's Role Is Limited

Apple appears to have gotten most of what they wanted from the extended court skirmish over the scope and role of court-appointed monitor Michael Bromwich. Yes, their request for a complete stay of the monitor pending appeal of Judge Cote's verdict was denied by the three-judge Court of Appeals panel,…

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Canada Settles eBook Pricing Investigation with Four Publishers

The one holdout in resolving governmental concerns over the establishment of agency pricing for ebooks, Canada announced that their Competition Bureau has signed consent agreements with Harper, Hachette, Macmillan and Simon & Schuster. The Bureau said, "This agreement should benefit Canadian consumers by lowering the price of ebooks in Canada.…

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FYI, There's Nothing New About the Latest Demand for Big Damages from Apple

For a while now, we've cautioned readers: a) not to get caught up in the day-to-day legal maneuverings between Apple and the government (the main things that matter are the appeal, and the damages trial, in that order), and b) to be wary of stories from organizations that don't have…

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