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Topic: Lawsuit claims Apple and publishers colluded (ebooks) 22 Nov 2014

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Date Posted: 4/5/2014 9:02 PM ET
Member Since: 8/18/2005
Posts: 7,977
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Now it looks like Diesel eBooks are filing a anti-trust lawsuit against Apple and the Agency five themselves. They closed just recently. I think part of the argument will be that after the Agency Five broke their original contracts to force the Agency Pricing scheme, that the publishers then held back on meeting with some of the smaller ebook retailers about new contracts. So Diesel went quite a few months with no ebooks to offer from any of the main publishers. And those months put them so far behind sales they couldn't get caught up later by trying to compete with any type of coupon or sales. I think I saw someplace that Books on Board may also be joining the lawsuit, going out of business for basically the same reasons.

Here. and Here

The allegations of the complaint assert that the publishers shift to the agency pricing model eliminated Diesel eBooks control over pricing thus preventing it from offering bundling, reward programs, general discounting and other tools to effectively compete.

 



Last Edited on: 4/5/14 9:02 PM ET - Total times edited: 1
Date Posted: 4/16/2014 10:36 AM ET
Member Since: 1/8/2007
Posts: 8,139
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I received my credit from Barnes & Noble back on March 26th. It was more than I expected. Looking forward to getting a couple of books I wouldn't normally have purchased due to the price!

Date Posted: 4/16/2014 5:02 PM ET
Member Since: 8/18/2005
Posts: 7,977
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I've gotten mine from Amazon, B&N, Apple and Sony. Sony is sending out a check, so watch for a postcard sized one if you're looking for it. 

There may be another round if they ever get to the end of the business against apple. IIRK, their settlement is supposed to be distributed as well.

Date Posted: 6/17/2014 10:48 AM ET
Member Since: 8/18/2005
Posts: 7,977
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A couple of new bits of news. (One not so new, but have't posted about it yet.)

Here. Apple, Publishers Battle New E-book Antitrust Claims (the older article)

Diesel and Books on Board have filed class action lawsuits against Apple and the Agency 5, saying that their unlawful collusion cost them customers and put them out of business. Basically, when they were forced to agree to Agency Pricing, they couldn't discount books to bring in customers from other sites. When all prices are the same, there wasn't any way to bring in new customers if you were a small publisher.

Here.  Apple settles e-book anti-trust damages with states, class-action plaintiffs (newer one)

Apple Inc reached an out-of-court settlement with U.S. states and other complainants in an e-book price-fixing class action lawsuit on Monday, effectively avoiding a trial in which the iPad maker faced more than $800 million in claims.

So, from what I understand, they agree to pay out for the original charges, as the publishers did. It does not, AFAIK it doesn't affect the new business restrictions the DOJ put upon Apple because of their actions. (As they're still under orders to have their current and future contracts viewed by a third party to make sure they're not doing something illegal again.)

Date Posted: 11/22/2014 2:54 PM ET
Member Since: 8/18/2005
Posts: 7,977
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Getting closer to a Final Verdict for Apple's part in the Agency Five conspiracy trial. What Apple will have to pay if they lose their appeal, and if the case gets thrown back to the original judge, and they would pay nothing if they win the appeal. I haven't seen much about this lately, but think the consensus was that Apple won't win the appeal. 

Here.

During a hearing in Manhattan, U.S. District Judge Denise Cote approved what she called a "highly unusual" accord. It calls for Apple to pay $400 million to as many as 23 million consumers if the company is unsuccessful in appealing a ruling that found it liable for antitrust violations.

.....

A federal appeals court is scheduled to hear Apple's appeal Dec. 15.

 

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