“Perhaps logic will some day infiltrate antitrust enforcement, but not yet,” The Wall Street Journal writes. “On Tuesday a divided federal appeals court revived the competition doctrine of the early 20th century and upheld the risible antitrust campaign against Apple.”

“The Second Circuit Court of Appeals’ 2-1 opinion endorses a 2013 ruling that Apple conspired with publishing houses to fix digital book prices with the introduction of the iPad in 2010,” The WSJ writes. “Somehow this innovation that was ‘unambiguously and overwhelmingly pro-competitive,’ as Judge Dennis Jacobs put it in dissent, has been made into the antitrust crime of the (last) century.”

“In a bizarre speech in London in June, Bill Baer, who runs Justice’s antitrust shop, said the suit was about ‘an example of incumbents colluding to thwart a disruptive threat to the status quo’ and a ‘conspiracy to quash Amazon’s disruptive business model,'” The WSJ writes. “What is he talking about? Amazon was—and remains—the status quo, Apple the disrupter.”

“Apple is likely to appeal to the Supreme Court, which should take the case because Judge Livingston’s holding conflicts with a 2008 Third Circuit decision about antitrust between truck makers and distributors,” The WSJ writes. “The larger point is that the rule of reason is a plea for antitrust common sense, which has been notable by its absence during the Apple e-books farce. The High Court ought to rebuke lower courts that are embracing premodern antitrust and flouting its instructions.”

Read more in the full article here.

MacDailyNews Take: Spot on. End this farce, Supremes!

SEE ALSO:
In pretrial view, judge says leaning toward U.S. DOJ over Apple in e-books case – May 24, 2013
Lawyers have complained for years that Judge Denise Cote pre-judges cases before she enters the courtroom – August 14, 2013

Apple is headed to the Supreme Court over e-book antitrust case? – June 30, 2015
Apple loses appeal in e-book price-fixing case – June 30, 2015
George Priest: Apple should win its e-book appeal – December 15, 2014
Obama’s DOJ brings in its big guns to Apple e-book appeal – December 11, 2014
U.S. Federal Puppet Denise Cote says she’s troubled by Apple $450 million e-books settlement deal – July 24, 2014
U.S. Federal Puppet Denise Cote: Apple cannot escape U.S. states’ e-book antitrust cases – April 15, 2014
U.S. Federal Puppet Denise Cote: ‘Apple’s reaction to the existence of a monitorship underscores the wisdom of its imposition’ – January 16, 2014
Judge Denise Cote denies Apple request block her friend as ‘antitrust compliance monitor’ – January 13, 2014
Antitrust monitor Bromwich rebuts Apple accusations of ‘unconstitutional’ investigation – December 31, 2013
Apple seeks to freeze its U.S. e-books ‘antitrust monitor’ – December 15, 2013
The persecution of Apple: Is the U.S. government’s ebook investigation out of control? – December 10, 2013
Apple’s Star Chamber: An abusive judge and her prosecutor friend besiege the tech maker – December 5, 2013
Apple takes aim not just at court-ordered e-books monitor, but also at U.S. District Judge Denise Cote herself – December 2, 2013
U.S.A. v. Apple: Judge Denise Cote assigns DOJ monitor in Apple ebook price-fixing case – October 17, 2013
U.S.A. v. Apple: Judge issues injunction against Apple in ebooks antitrust case; largely in line with what DOJ wanted – September 6, 2013
U.S.A. v. Apple: Judge Denise Cote says Apple needs third-party supervision after ‘blatant’ ebook price fixing – August 28, 2013

[Thanks to MacDailyNews Reader “Wing thing” for the heads up.]