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May 15, 2012By Michael Cader

Judge Cote Rejects Motions to Dismiss Agency Class Action Suit; Shows Sympathy for the Plaintiffs

May 15, 2012By Michael Cader

US District Judge Denise Cote formally denied motions by the five agency publishers and Apple to dismiss the class action suit on behalf of ebook consumers over the alleged conspiracy to raise ebook prices via the agency model. The ruling was not unexpected, given the relatively low standards of “stat[ing] a plausible claim” for such a suit to go forward: “Proving conspiracy requires demonstrating ‘a unity of purpose or a common design and understanding, or a meeting of minds in an unlawful arrangement.’ The [complaint] plausibly alleges that each of the defendants shared the twin purposes of raising the price […]

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Filed Under: DOJ, Legal

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