Feeds

APPLE FAILS to ditch class action suit over ebook PRICE-FIX fiasco

Do not pass go, do cough (up to) $840m in damages

Next gen security for virtualised datacentres

Apple has lost its bid to dismiss an $840m class action lawsuit over the ebook price-fixing fiasco.

State attorneys general in 33 states and territories have joined together with lawyers for Apple customers to sue the fruity firm for damages relating to the allegations that it worked with five major publishers to fix prices and loosen Amazon's growing stranglehold on the emerging market.

A US court found the company guilty of conspiring to fix prices last year, but Apple is in the midst of appealing the ruling.

Although the firm eventually bowed to the court order that it take on an antitrust compliance monitor and has agreed not to enter into certain types of contracts with book publishers, it still claims it shouldn't have to pay any damages, because it claims that the states have not said that they suffered any harm.

The five publishers involved, Hachette, HarperCollins, Penguin, Simon & Schuster and Macmillan, have all settled with the states and are paying more than $166m in refunds to deal with the charges.

Cote said that the states had shown in the earlier trial against Apple that they and their citizens had suffered concrete injury from Apple's part in setting price caps on ebooks.

"Based on this record, it is easy to conclude that the states have standing to bring this lawsuit against publishers and Apple for injunctive relief and damages," she said in her order.

"The States have both articulated and shown an injury in fact to their economies, a causal connection between the injury and the conduct complained of and that it is likely that the injury will be redressed by a favourable decision.

"Apple has cited no authority to support the distinction it is advocating here between the standing to seek an end to an antitrust violation and the standing to seek damages for that violation," she added.

The states are looking for damages of around $840m from Apple for the injury to their citizens, on top of the court orders already applied to the firm. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
Uber, Lyft and cutting corners: The true face of the Sharing Economy
Casual labour and tired ideas = not really web-tastic
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
prev story

Whitepapers

Gartner critical capabilities for enterprise endpoint backup
Learn why inSync received the highest overall rating from Druva and is the top choice for the mobile workforce.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.