U.S. states claim Apple owes them $840 million over e-books

“Apple Inc. (AAPL) faces as much as $840 million in state and consumer antitrust claims related to electronic-book deals with publishers that led to a U.S. lawsuit and court-ordered monitor,” Patricia Hurtado and Christie Smythe report for Bloomberg.

“State attorneys general and consumers who sued the world’s most valuable technology company over its e-book pricing are seeking $280 million in damages and want that amount tripled, a lawyer for them said in a filing yesterday with the federal judge in Manhattan who presided over the U.S. case against Apple,” Hurtado and Smythe report. “The plaintiffs say they’re entitled to triple damages under antitrust law because the U.S. had already ‘conclusively proven’ at a trial last year that Apple orchestrated a conspiracy to fix prices. The amount sought is 0.5 percent of the $158.8 billion in cash that the Cupertino, California-based company reported that it had as of the end of 2013.”

“U.S. District Judge Denise Cote concluded in July after a nonjury trial that Apple orchestrated a scheme with publishers to fix the prices of e-books. Cote also found Apple liable to 33 states that joined the U.S. Justice Department in its suit,” Hurtado and Smythe report. “Cote said she will hold a trial this year on the damages sought by the states… The plaintiffs yesterday asked Cote to issue a ruling before the damages trial ordering the $280 million penalty to be tripled, based on her conclusions in the government case. ‘The three cases pending before this court allege the same conspiracy, by the same conspirators, with the same goals, methods, and effects,’ Steven Berman, a lawyer for the plaintiffs, wrote.”

Read more in the full article here.

MacDailyNews Take: Idiocy, absurdity, and puppetry.

Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa
Lady Elaine Fairchilde (left), Judge Denise Cote (right), or vice versa

Related articles:
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

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
Apple e-book judge Cote makes short work of Apple’s list of nine evidentiary ‘errors’ – August 15, 2013
U.S.A. v. Apple: Apple faces possible May 2014 trial on e-book damages – August 15, 2013
le-in-e-books-case/”>In pretrial view, judge says leaning toward U.S. DOJ over Apple in e-books case – May 24, 2013
Judge Denise Cote scolds Apple for being ‘unrepentant’ in e-book antitrust case – August 12, 2013
U.S.A. v. Apple: U.S. District Judge Denise Cote erred during e-books trial, Apple says – August 9, 2013
U.S.A. v. Apple: Cupertino wants a stay in e-books case; DOJ claims publishers are conspiring again – August 9, 2013
U.S.A. v. Apple: DOJ seeks wide-ranging oversight of iTunes Store – August 2, 2013
Apple rejects U.S. DOJ’s proposed e-book penalties as ‘a draconian and punitive intrusion’ – August 2, 2013
U.S.A. v. Apple: DOJ wants to force Apple to revamp e-book practices – August 2, 2013
U.S.A. v. Apple: Cupertino could get smacked with $500 million bill in ebook case – July 25, 2013
U.S.A. v. Apple verdict could end the book as we know it – July 11, 2013
U.S. DOJ unwittingly causes further consolidation, strengthens Amazon’s domination of ebook industry – July 11, 2013
Where’s the proof that Apple conspired with publishers on ebook pricing? – July 10, 2013
U.S.A. v. Apple ruling could allow U.S. government to monitor, interfere with future Apple negotiations – July 10, 2013
Judge Denise Cote likely wrote most of her U.S.A. v. Apple ebooks case decision before the trial – July 10, 2013
U.S.A. v. Apple: NY judge rules Apple colluded to fix ebook prices, led illegal conspiracy, violated U.S. antitrust laws – July 10, 2013
In U.S.A. v. Apple e-books case, witness Barnes & Noble VP Theresa Horner was everything Apple could hope for – June 19, 2013
The Apple e-books trial takes a detour into the absurd – June 18, 2013
Steve Jobs, Winnie the Pooh and the iBookstore Launch – June 17, 2013
Apple set to present its defense in e-book antitrust case – June 17, 2013
Steve Jobs was initially opposed to entering the e-book market – June 14, 2013
U.S.A. v. Apple: DOJ’s last best chance in e-book case has passed – June 14, 2013
Obama admin trying to throw the book at Apple; U.S. DOJ goes after an innovator whose market entry reduced prices – June 13, 2013
Apple’s Eddy Cue denies price-fixing allegations at U.S v. Apple e-books trial – June 13, 2013
Apple fires back at DOJ with email Steve Jobs actually sent – June 13, 2013
Is Steve Jobs’ unsent email a smoking gun in Apple e-book case? – June 12, 2013
Winds shift toward Apple in U.S. DOJ’s e-book trial – June 12, 2013
Day 5 of the Apple ebooks trial: Publishing execs testify; Rupert Murdoch’s role – June 11, 2013
U.S. v. Apple iBookstore case could go to the Supreme Court – June 5, 2013
Apple accuses DOJ of unfairly twisting Steve Jobs’ words in e-book case – June 4, 2013
U.S. DOJ prosecutors accuse Apple of driving up e-book prices – June 3, 2013
U.S. v. Apple goes to trial; DOJ claims e-book price-fixing conspiracy with Apple as ringmaster – June 3, 2013
U.S. DOJ takes Apple to trial alleging e-book price-fixing – June 2, 2013
Penguin to pay $75 million in e-book settlement with US State Attorneys General – May 23, 2013
The hot mess that is Apple’s e-book legal fight with U.S. DOJ – May 16, 2013
Apple: Deals with publishers improved e-books competition – May 15, 2013
Apple tells U.S. DOJ of tough talks, not collusion, with publishers – May 15, 2013
EU ends e-book pricing antitrust probe into e-book pricing; accepts offer by Apple, four publishers – December 13, 2012
Apple, publishers offer EU e-book antitrust settlement – September 19, 2012
Judge rubber-stamps U.S. e-books settlement – September 6, 2012
Apple, four publishers offer e-books antitrust concessions, says source – August 31, 2012
Apple bashes Amazon, calls U.S. DOJ settlement proposal ‘fundamentally unfair, unlawful, and unprecedented’ – August 16, 2012
U.S. antitrust settlement with e-book publishers should be approved, feds say – August 4, 2012
U.S. Justice Department slams Apple, refuses to modify e-book settlement – July 23, 2012
U.S. senator Schumer: Myopic DOJ needs to drop Apple e-books suit – July 18, 2012
Apple’s U.S. e-books antitrust case set for 2013 trial – June 24, 2012
U.S. government complains, claims Apple trying to rush e-books antitrust case – June 21, 2012
Barnes & Noble blasts U.S. DOJ e-book settlement proposal – June 7, 2012
Apple: U.S. government’s e-book antitrust lawsuit ‘is fundamentally flawed as a matter of fact and law’ – May 24, 2012
Federal Judge rejects Apple and publishers’ attempt to dismiss civil case alleging e-book price-fixing – May 15, 2012
Court documents reveal Steve Jobs email pushing e-book agency model; 17 more states join class action suit – May 15, 2012
Apple vs. Amazon: Who’s really fixing eBook prices? – April 17, 2012
Apple: U.S. DOJ’s accusation of collusion against iBookstore is simply not true – April 12, 2012
Apple not likely to be a loser in legal fight over eBooks – April 12, 2012
16 U.S. states join DOJ’s eBook antitrust action against Apple, publishers – April 12, 2012
Australian gov’t considers suing Apple, five major publishers over eBook pricing – April 12, 2012
DOJ’s panties in a bunch over Apple and eBooks, but what about Amazon? – April 12, 2012
Antitrust experts: Apple likely to beat U.S. DOJ, win its eBook lawsuit – April 12, 2012
Why the market shrugged off the Apple antitrust suit – April 11, 2012
What’s wrong with the U.S. DOJ? – April 11, 2012
Macmillan CEO blasts U.S. DOJ; gov’t on verge of killing real competition for appearance of competition – April 11, 2012
U.S. DOJ hits Apple, major publishers with antitrust lawsuit, alleges collusion on eBook prices – April 11, 2012
U.S. DOJ may sue Apple over ebook price-fixing as early as today, sources say – April 11, 2012

29 Comments

  1. I laugh at the insanity of government. Obviously big government is the creation of communists & socialists everywhere, Venezuela & USA included in what I call the Hugo Chavez effect. Big government needs to suck up money from private individuals to support their untenable spending so they seek under every nook & cranny to apply a ‘supertax’ on citizens.

    The latest practitioner of bloated government is Cristina Fernandez Kirschner. You need look no further than the corrupt states of Argentina & Venezuela as prime examples of the state machinery gone mad.

    Of course the community organiser over at the WH takes his cues from these uber communists so the actions of the DOJ have to be seen in that light.

    I quote Dame Margaret Thatcher the doyenne of conservative fiscal policies when questioned in Parliament as to whether Britain should loosen state controls over the economy. The famous ‘This Lady Is Not For Turning’ speech.

    “If our people feel that they are part of a great nation and they are prepared to will the means to keep it great, a great nation we shall be, and shall remain. So, what can stop us from achieving this? What then stands in our way? The prospect of another winter of discontent? I suppose it might.

    But I prefer to believe that certain lessons have been learnt from experience, that we are coming, slowly, painfully, to an autumn of understanding. And I hope that it will be followed by a winter of common sense. If it is not, we shall not be—diverted from our course.

    To those waiting with bated breath for that favourite media catchphrase, the ‘U-turn’, I have only one thing to say: ‘You turn [U-turn] if you want to. The lady’s not for turning.’ I say that not only to you but to our friends overseas and also to those who are not our friends.”

    1. Stockholm Syndrome, Nut. Yes, let us never disturb the ability of the ultra-rich to concentrate ever more power and ever more money in their hands… more money than they could spend if they lived a thousand lifetimes. The top 85 people have more wealth than the bottom 3.5 BILLION. That is not because the 3.5 billion are “takers” and “lazy parasites” who could “better themselves if they cared to”.

      Yes – Henry VIII, Vlad the Impaler, Margaret Thatcher, Mitt Romney, Chris Christie – all so noble, all caring so much about people. Society doesn’t just happen… it is arranged and built… and thinking things such as “people should be paid enough to feed their children” or “you shouldn’t be a greedy, conniving, vindictive scumbag like Christie” is not being a communist.

      It is horrible that the right-wing overlaps so deeply with fundamentalist christianity but also with such raving greed. I think if we had a society ACTUALLY built on the teachings of “their Lord”, it would look very, very different than the pathologic greed-fest we live in today.

      1. Yes. When I woke up this morning I received a notice. It says pursuant to leftist dogma you are prohibited from working hard, continuing your education, seeking better employment, doing what you like because there are rich people. In order to fix this please surrender 40% of your income, or else the government will put you in jail.

        Yes, I’m so threatened by the rich.

        1. To break it right down to essentials, society is organized either:

          – “by the people, for the people”

          – or for the overwhelming advantage of a tiny minority… absolute monarchy, dictatorships, and the US.
          And, of course, most countries are somewhere between.

          Society doesn’t just “happen” through the action of some kind of forces – market or other. It is ARRANGED in certain ways. And modern American society is arranged to benefit a small elite to a pathological degree.

          No cries of “they deserve the money they made” justify the insane imbalance in today’s America. A pyramid of wealth REQUIRES there to be a huge number of people forming the base of the pyramid. But those people could be paid far better and live far better lives without destroying the basic capitalist idea. In fact, it would probably be BETTER for capitalism if they were paid better.

          And don’t give me this shit about “takers” and “parasites”. There’s good work being done to get the “homeless vets” numbers down… don’t know exactly what they are now… but not long ago there were TWO HUNDRED THOUSAND. Are you going to tell me these men and women who risked their lives for you are just lazy parasites who just choose to live like that?

          1. The NFL is just one example. Billions of dollars change hands for the benefit of a handful, the taxpayers foot the bill for their outlandish stadiums, and yet the NFL pays no taxes.

        2. Thelonious, I always discount the mad ravings of a left wing loon the moment he brackets Margaret Thatcher, Mitt Romney and Chris Christie in the same sentence as Ivan the Impaler and Henry VIII.

          The mind of a left wing loon can’t distinguish between free market economics and the actions of autocratic rulers. That is why the left wing loon is always asking for state handouts, because he knows that if he had approached Vlad the Impaler back in the day for state handouts, he’d have a stake driven up his lazy ass for his troubles.

          Maybe that’s why left wing loons associate autocratic rulers with the notion of self help. You had to help yourself in those days or you were very quickly taking a dirt nap. These days it’s called bootstrapping yourself up from poverty but that sounds like too much hard work to the left wing loon.

          1. Believe it or not, I think I could find common ground with Sean. His mind would have to open a bit. I can open mine. I can concede that the nature that wealth has to accumulate can be a social problem, however I’ve seen no viable solution as to what to do about it, not and maintain the creation of wealth that benefits us all.

            The bottom line argument between left and right is the contest between equality and freedom. The left will seek equality over all else even if it means diminishing the freedoms and liberties of others. They will use government to establish and protect equality no matter how large and powerful that makes government become.

            The right values freedom and liberty above all else. I want the right to pursue my own destiny, and that means I have the freedom to succeed and fail. I do not expect to be protected from failure. Preparing for failure is my responsibility.

            I am willing to pay taxes for public works and infrastructure and the things that make all of our lives in this country better. I do not see the government doing much of this. I see corruption, a massive welfare state, foreign wars, an out of control defense budget, billions being spent to spy on American citizens and so on. Basically I’d rather the 85 richest people have the money than the government have one more dime at this point. At least they created it.

            Now if we can get government back on track, doing what it was mandated to do instead of everything from banning sodas to funding fly by night “Green companies” I’m in.

            One thing Sean is right about is that this country didn’t come into existence by happenstance, it was designed. It is the only country to have been created by philosophers and learned men in such a way. The more we drift away from that design, the more dysfunctional the system becomes.

            That and yeah, Chris Christie is a dick.

          2. You have a paid class of lobbyists designed to change the laws of the land to benefit the top 10% yet you don’t think you have autocrats. Interesting. Corporations pay to change the laws to protect their billions but cries that these people should actually pay their share means you are a “leftist”. What laughable nonsense.

  2. Even though $840M will be a dent in Apple cash flow it’s insanity. Hopefully this idiotic trial will be overturned in appeal.
    It will be interesting to find out up to which level of justice insanity is.

    1. Hopefully after they are found innocent they can recover the extortion they’ve been required to pay to the ‘monitors’ who have gone around disrupting the company!

  3. If there is a dollar anywhere the government and filthy scumbag lawyers will sniff it out and grab it. We could solve a lot of problems in this world by simply eradicating the majority of lawyers.

  4. The Gov Leaders of those 33 States are currently salivating with the thought of getting their grubby, dirty, greasy, slimy hand in Apple Cookie Jar or Billions. That’s what this is all about. It’s a bad situation for Apple. How can you get justice when the very people deciding who is right or wrong is driven by their own greed. I just hope Apple doesn’t give in, but with 33 States and the current administration approving this kind of theft from the DOJ, Apple may lose more than just a couple of billions in the bank. DOJ is out to destroy or severely handicap Apple as a whole.

  5. I support the importance of states’ rights as designed in our constitution.

    That said, I’m ashamed of the states that are participating in this absurd lawsuit. All it indicates is that there are scumbag lawyers in those states as well as in DOJ.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.