Defunct ebook retailers BooksOnBoard and Diesel Books lost again in court, as the Second Circuit Court of Appeals affirmed a lower court ruling dismissing their lawsuit alleging that publishers’ introduction of the agency model for ebook pricing put them out of business. The Appeals Court wrote: “Based on the undisputed facts in the record, the district court determined that BooksOnBoard faced strong competition from large retailers, that it contemporaneously viewed the adoption of agency pricing as a boon, and that its subsequent demise was not attributable to the unlawful conspiracy. We have carefully reviewed the summary judgment record, and we […]
