• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

New

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Watch Fortune Daily, our new video show that brings you inside the Fortune newsroom and the boardroom

Apple

Apple: Conspiracy? What conspiracy?

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
June 29, 2014, 7:59 AM ET
Add Fortune on Google for similar content.

When Apple (AAPL) in June settled half the e-book price fixing case, the half representing 30 U.S. states and territories, the deal was contingent on the outcome of the other half, the one filed by the U.S. Department of Justice.

If Apple loses its federal appeal, the states collect a pile of money (the amount is under seal). If Apple wins on appeal, the states get nothing. (See The big ‘if’ in Apple’s e-book settlement.)

So where does he federal case stand?

As it happens, Apple submitted a brief on the matter last week. It was Apple’s response to the DOJ’s response to Apple’s original appeal, filed last October.

One result of all this paperwork is that the government’s statement of the case, and Apple defense, have gotten refined into some pretty tight boilerplate.

Here, in the two most recent briefs, is U.S.A. v. Apple reduced to 341 words:

The government’s side:

“In late 2009 and early 2010, Apple orchestrated and participated in a conspiracy with five major book publishers to take control of retail pricing for electronic books (ebooks) and to raise prices to agreed-upon levels. The conspiracy was successful: retail ebook prices for the vast majority of the Publisher-Defendants’ new releases and bestsellers rose from $9.99 to $12.99 or $14.99. Consumers paid almost 20% more, on average, for all of the Publisher-Defendants’ ebooks.

“After extensive evidentiary submissions, detailed pre-trial briefing, and a three-week bench trial, the district court, Honorable Denise Cote, issued an Opinion and Order with 100 pages of fact findings. The court found that Apple had conspired with the Publisher-Defendants to raise ebook retail prices and that this conspiracy was a per se unlawful horizontal price-fixing conspiracy in violation of Section 1. The court ruled in the alternative that the conspiracy was unlawful under Section 1’s rule of reason because its anticompetitive effects were without any countervailing procompetitive benefits.”

Apple’s defense:

“Plaintiffs’ theory is fundamentally at odds with the most basic principles of antitrust law. Neither plaintiffs nor the district court cite a single case that supports antitrust liability under the circumstances presented here. Plaintiffs ask the Court to condemn the negotiation of admittedly lawful agency agreements that allowed Apple to enter a nascent market dominated by a single company, open the iBooks Store, and empower thousands of new retail price-setters, leading to intensified competition, exponential growth in output, and significantly lower average prices. Plaintiffs offer Delphic pronouncements about “a larger understanding” to which Apple was a party, but they cannot even describe when the “understanding” was formed or what was agreed to, which is particularly devastating here given that the court explicitly did not find that ‘Apple itself desired higher e-book prices than those offered at Amazon.’

“Apple’s conduct cannot be deemed ‘price-fixing,’ whether ‘garden variety’ or otherwise, on any legal theory. Affirming the district court’s ruling would ‘attach antitrust liability to conduct that in reality is the competitive activity the Sherman Act seeks to protect.’ This Court should reverse.”

Links:
•  US v Apple appellees brief
•  Apple’s reply

Follow Philip Elmer-DeWitt on Twitter at @philiped. Read his Apple coverage at fortune.com/ped or subscribe via his RSS feed.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in

Man in black in front of a blue background.
Big TechSpaceX
SpaceX revenue surges to $7.8 billion, blowing past Wall Street expectations by nearly $1 billion
By Amanda GerutAugust 4, 2026
2 hours ago
New York Attorney General Letitia James looks to her right at a news conference.
LawDonald Trump
20 states and DC sue as Trump moves to share low-income families’ data with immigration authorities
By The Associated Press and Anthony IzaguirreAugust 4, 2026
2 hours ago
US President Donald Trump speaks about the conflict in Iran in the James S. Brady Press Briefing Room of the White House.
AsiaDonald Trump
Trump claims he’s talking with Iran as they hold talks with other nations
By The Associated Press, Samy Magdy, Elena Becatoros and Josh BoakAugust 4, 2026
2 hours ago
OpenAI president Greg Brockman: We ‘contort’ ourselves around computers, clicking and typing is a ‘phase’
NewslettersEye on AI
OpenAI president Greg Brockman: We ‘contort’ ourselves around computers, clicking and typing is a ‘phase’
By Emily ForliniAugust 4, 2026
3 hours ago
Photo of Bessent at a table with Trump’s cabinet
EconomyJapan
Scott Bessent is using moves from his hedge fund days to prop up Japan’s yen—and America’s $40 trillion national debt
By Mia OsmonbekovAugust 4, 2026
3 hours ago
McDonald’s CEO turns to a trusted lieutenant with a turnaround record to revive its biggest market
C-Suitechief executive officer (CEO)
McDonald’s CEO turns to a trusted lieutenant with a turnaround record to revive its biggest market
By Phil WahbaAugust 4, 2026
3 hours ago

Most Popular

How Zohran Mamdani's pied-à-terre tax exposed an epidemic of 'ghost cars' instead
Personal Finance
How Zohran Mamdani's pied-à-terre tax exposed an epidemic of 'ghost cars' instead
By Catherina GioinoAugust 4, 2026
15 hours ago
Bars, bowling alleys, and movie theaters cost too much to run and visit. Americans have run out of places to hang out and we're paying with our health
North America
Bars, bowling alleys, and movie theaters cost too much to run and visit. Americans have run out of places to hang out and we're paying with our health
By Catherina GioinoAugust 2, 2026
3 days ago
Wall Street bulls are starting to admit the earnings bubble is real—and the 60/40 portfolio may be the first casualty
Investing
Wall Street bulls are starting to admit the earnings bubble is real—and the 60/40 portfolio may be the first casualty
By Nick LichtenbergAugust 3, 2026
1 day ago
Ray Dalio on the AI bubble nearing 1929, 2000 levels and the lesson people always forget: 'Wealth is not the same as money'
Investing
Ray Dalio on the AI bubble nearing 1929, 2000 levels and the lesson people always forget: 'Wealth is not the same as money'
By Nick LichtenbergAugust 4, 2026
15 hours ago
The Iran war already has a winner: The world’s largest shipbroker notching record earnings from the 'exceptional volatility' in the Strait of Hormuz
Energy
The Iran war already has a winner: The world’s largest shipbroker notching record earnings from the 'exceptional volatility' in the Strait of Hormuz
By Sasha RogelbergAugust 3, 2026
1 day ago
Electric air taxis are finally ready for takeoff
Magazine
Electric air taxis are finally ready for takeoff
By Alexei OreskovicAugust 3, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.