Antitrust Column & Publications

Publishers Charged With E-Book Pact

Date: 04/20/12

Source: The New York Law Journal. Reprinted with permission.

The U.S. Department of Justice and several states claimed that Apple facilitated a conspiracy among book publishers to raise the retail prices of e-books and wrest pricing control away from Amazon. In another suit involving publishers—in this case magazine publishers—the U.S. Court of Appeals for the Second Circuit reinstated a conspiracy complaint and stated that the lower court’s inquiry under the plausibility pleading standard was “misdirected” because the court improperly chose one plausible inference over another.

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