Apple Says Antitrust Conviction Is ‘Radical Departure’ from Modern Antitrust Law

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Apple in CourtApple told an appeals court that its 2013 antitrust conviction was a "radical departure" from modern antitrust law, and that if that conviction is allowed to stand it will "chill competition and harm consumers." According to the Associated Press, Apple made the arguments in formal written filings with the Second U.S. Circuit Court of Appeals.

Apple was convicted by Judge Denise Cote in 2013 for being the ringleader of a conspiracy among publishers to raise ebook prices. Though charges were filed against those same publishers and Apple, all of the publishers settled, and only Apple went to court.

Apple has fought its conviction as hard as it fought the charges, going so far as to ask the Second Circuit to remove a monitor installed by Judge Cote as part of her remedy. Though that gambit failed, the appeals court did place significant restrictions on the monitor's power, and Apple's current focus in appealing the conviction itself.

Apple is asking the court to either overturn Judge Cote's conviction or to grant a new trial in front of a new judge.

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Wow, Apple’s really reaching this time.

By the way, what were those ” significant restrictions on the monitor’s power?” No other news site covering this story references any restrictions, significant or otherwise being imposed on the Monitor.


The monitor was restricted to only ask questions about the book case. Not allowed to interview executives of his choosing unless they are involved with the case only. Before he was given free rain to ask anyone at anytime about anything of his choice even outside of the book case. This was covered on other sites as well.

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