The 2nd Circuit Court of Appeals heard arguments Thursday morning on Apple’s motion to stay Judge Cote’s injunction — and in turn, delay the start of the damages trial, currently set for July 14. While the three judges did not issue any ruling from the bench, the immediate sense from their questioning was that one jurist will be in favor of granting the stay, another will vote to deny, and the third seemed undecided, at least outwardly. Apple’s lawyer urged the appeals court to grant the stay as the case is a “classic rule 23 review,” while also noting it’s […]
DOJ
DOJ, States Rebuff Apple Appeal By Presenting Their Case Again
The Department of Justice and plaintiff states filed a joint reply brief to Apple’s appeal in the ongoing ebook price fixing case Tuesday afternoon. Much of the 117-page document presents the government’s case against Apple all over again, though there are some new bits of information, Most notably it reveals that on Thursday, May 29, when the BEA trade show floor opens, the Appeals Court will hear oral arguments on Apple’s request for an emergency stay of the damages trial. A postponement of the July 14 trial was already a foregone conclusion once the temporary stay was granted, but that hearing may […]
The Washington Post On Their Owner, and VF On Judge Cote
After being needled for not mentioning the dispute over contract terms between Amazon and Hachette Book Group that has resulted in alterations in how the etailer displays and ships HBG titles, the Washington Post has posted something…equivocal. The paper’s column finds it “understandable” that authors “are irate over the unequal treatment.” On the one hand, Amazon “is by no means unique in employing this tactic.” But “in some ways, Amazon’s decision to choke off Hachette is similar” to the net neutrality showdown, they suggest. “As Amazon gains more and more market share, its power to do so will only increase.” While […]
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, and consumers started seeing the $166 settlement funds issued just recently as store credit by Amazon, Nook, and other retailers). The second 59-page ruling denied Apple’s bid to exclude the opinions of the plaintiffs’ damages expert while largely dismissing the opinions of Apple’s own experts. With respect to the class, Judge […]
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, Penguin or Macmillan between April 1, 2010 and May 21, 2012 will get a credit of $3.17 per ebook for New York Times bestsellers, and 73 cents for non-NYT bestsellers. For Minnesotans, who reached a separate settlement, the breakdown is $3.93 for NYT bestsellers and 94 cents for non-bestsellers. Twitter […]
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 be irreparably harmed. Its contracts with four of the largest E-book publishers in Canada will be terminated or fundamentally altered. Kobo – not the Consenting Publishers – will bear the financial losses arising from these changes.” As in the US, the Commission has focused on their predictions that “the price […]