NY judge: Apple colluded to raise e-book prices

 
 

FILE - In a Friday, June 7, 2013 file photo, a sign displays the Apple logo outside of the company's headquarters in Cupertino, Calif. A federal judge ruled Wednesday, July 10, 2013 that Apple Inc. broke antitrust laws and conspired with publishers to raise electronic book prices, citing "compelling evidence" from the words of the late Steve Jobs. U.S. District Judge Denise Cote said Apple knew that no publisher could risk acting alone to try to eliminate Amazon.com's $9.99 price for the most popular e-books so it "created a mechanism and environment that enabled them to act together in a matter of weeks to eliminate all retail price competition for their e-books."Apple spokesman Tom Neumayr said the Cupertino, California-based company planned to appeal.
FILE - In a Friday, June 7, 2013 file photo, a sign displays the Apple logo outside of the company's headquarters in Cupertino, Calif. A federal judge ruled Wednesday, July 10, 2013 that Apple Inc. broke antitrust laws and conspired with publishers to raise electronic book prices, citing "compelling evidence" from the words of the late Steve Jobs. U.S. District Judge Denise Cote said Apple knew that no publisher could risk acting alone to try to eliminate Amazon.com's $9.99 price for the most popular e-books so it "created a mechanism and environment that enabled them to act together in a matter of weeks to eliminate all retail price competition for their e-books."Apple spokesman Tom Neumayr said the Cupertino, California-based company planned to appeal.
Marcio Jose Sanchez, File / AP Photo

Associated Press

Apple Inc. milked the popularity of its iTunes store to form an illegal cartel with publishers to raise electronic book prices, a federal judge decided in a case swayed by the words of the late Steve Jobs.

Wednesday's ruling by U.S. District Judge Denise Cote in Manhattan sided with government regulators' contention that Apple joined five major book publishers to gang up Amazon.com in a price-fixing conspiracy that caused consumers to pay more for electronic books.

Determined to protect one of the world's most beloved brands, Apple has steadfastly denied it did anything wrong, even as the book publishers involved in the case settled to avoid a trial. Apple didn't waver from its insistence of innocence after Cote drew an unflattering portrait of the iPhone and iPad maker in her 160-page ruling.

The Cupertino, Calif., company vowed to appeal the decision, extending a legal odyssey that could wind up in the U.S. Supreme Court.

It's unclear whether the initial outcome will have a dramatic impact on the pricing of e-books, which continue to supplant printed copies as more people buy tablets such as the iPad and other devices such as Amazon's Kindle.

"The effect on consumers will be negligible," predicted Ankur Kapoor, an antitrust specialist for Constantine Cannon in New York.

The earlier settlements with book publishers were designed to encourage more discounting. But that hasn't happened, even at Amazon, which had unnerved publishers by selling e-book versions of popular hardcover titles for $9.99 before the April 2010 release of Apple's iPad.

It's a discounting practice that Apple and the publishers sought to eliminate leading up to the iPad's debut, according to the antitrust lawsuit filed last year by the U.S. Justice Department and 33 state attorneys general.

Apple's iTunes store, where hundreds of millions of consumers already were regularly buying music, videos and applications, provided a powerful platform to undermine Amazon's pricing system, the government contended in arguments that ultimately convinced Cote, who presided over the two-and-half-week trial.

"Apple seized the moment and brilliantly played its hand," Cote said. She wrote that Apple's deals with publishers caused some e-book prices to rise 50 percent or more virtually overnight. As part of its standard commission, Apple received a 30 percent cut of each e-book sold.

Cote, who hasn't yet determined the financial scope of the damages, said the evidence was "overwhelming that Apple knew of the unlawful aims of the conspiracy and joined the conspiracy with the specific intent to help it succeed."

Jobs' words played a pivotal role in the trial's outcome, even though the Apple co-founder and longtime CEO died in October 2011 after a long battle with cancer.

Government lawyers cited some of Jobs' email exchanges and thoughts that he shared with his biographer Walter Isaacson as proof of his willingness to collude with publishers. His aim, lawyers argued, was to gain access to more digital content that would help make the iPad a more attractive device.

In her ruling, Cote said "compelling evidence of Apple's participation in the conspiracy" came from Jobs' words.

Isaacson wrote that Jobs said Apple assured publishers, "We'll go to the agency model, where you set the price, and we get our 30 percent and yes, the customer pays a little more, but that's what you want anyway."

Liedtke reported from San Francisco. AP National Writer Hillel Italie and AP Technology Writer Barbara Ortutay in New York contributed to this story.

Read more Technology stories from the Miami Herald

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos


  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category