“Justice Bromberg told the parties he was unhappy with the lack of information provided to the court about Apple’s financial position, the number of iPads that had been sold using the ‘Wi-Fi + 4G’ name and how many had been returned, and the difference between how the iPads would work on a 3G or 4G network,” Battersby reports. “Alan Archibald, QC, acting for Apple, told the court it was irrelevant how many iPads had been sold or returned because Apple had offered to provide refunds, so there was no loss to customers. ‘What conceivable damage might there be?’ he said. ‘This is a case of absence of loss … whatever the level of sales, there cannot be loss because anybody concerned about it could reverse the acquisition.’”
“Mr Archibald argued that the $2.25 million fine should be reduced because of the absence of any loss to consumers,” Battersby reports. “Apple agreed to provide Justice Bromberg with confidential information about its financial position and the number of devices sold to allow him to judge whether the proposed penalty was appropriate.”
Read more in the full article here.
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