Feeds

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

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

The Power of One Infographic

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. ®

Boost IT visibility and business value

More from The Register

next story
Yorkshire cops fail to grasp principle behind BT Fon Wi-Fi network
'Prevent people that are passing by to hook up to your network', pleads plod
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
MPs wave through Blighty's 'EMERGENCY' surveillance laws
Only 49 politcos voted against DRIP bill
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
EU's top data cops to meet Google, Microsoft et al over 'right to be forgotten'
Plan to hammer out 'coherent' guidelines. Good luck chaps!
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.