United States Second Circuit

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US v. Apple, Inc., 13-3741

In a case brought by the DOJ and 33 states and territories alleging that Apple, in launching the iBookstore, had conspired with the publisher defendants to raise prices across the nascent ebook market in violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. section 1, the district court's judgment on the liability finding and injunctive order that prevents Apple from entering into agreements with the publisher defendants that restrict its ability to set, alter, or reduce the price of ebooks are affirmed where: 1) the district court's decision that Apple orchestrated a horizontal conspiracy among the Publisher Defendants to raise ebook prices is amply supported and well‐reasoned, and the agreement unreasonably restrained trade in violation of section 1 of the Sherman Act; and 2) the injunction is lawful and consistent with preventing future anticompetitive harms.

Appellate Information

  • Decided 06/30/2015
  • Published 06/30/2015

Judges

  • Livingston

Court

  • United States Second Circuit

Counsel