Barnes & Noble and the American Booksellers Association joined with the Authors Guild and Authors United in a friend of the court brief asking the Supreme Court to hear Apple’s appeal of the ebook pricing case. Consistent with Apple’s own brief, the parties assert that the Second Circuit should have used the rule of reason to evaluate Apple’s conduct in launching the iBooks Store rather than judging it per se unlawful. And they assert that under a rule of reason, the market for ebooks became more competitive: “Following Apple’s entry into the market and the adoption of the agency model, competition within the […]
