“A US judge Monday expressed doubt towards the government’s e-book antitrust case against Apple, saying the tech giant was challenging “predatory” pricing from rival Amazon,” AFP reports.
“In July 2013, US District Court Judge Denise Cote sided with the government, concluding that Apple was liable for ‘facilitating and encouraging’ a collective effort by the publishers to end price competition for e-books,” AFP reports. “Theodore Boutrous, an attorney with Gibson Dunn representing Apple, told the appeals court that Cote’s ruling was ‘a roadblock that chills innovation and competition.’ The decision discourages new entrants into a market, ‘which the court has said is the essence of competition,’ he said.”
“Apple’s arguments resonated with at least one member of the three-judge panel, who appeared openly hostile to the government’s case,” AFP reports. “Judge Dennis Jacobs questioned a Department of Justice attorney on the agency’s hostility to Apple’s challenge to Amazon, which had more than estimated 90 percent market share at the time. ‘What we’re talking about is a new entrant who is breaking the hold of a market by a monopolist who is maintaining its hold by what is arguably predatory pricing,’ Jacobs said.”
Read more in the full article here.
MacDailyNews Take: Oh, lookie here, a U.S. judge with a clue. So, they do still exist, after all!
[Thanks to MacDailyNews Reader “Jax44” for the heads up.]
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
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