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

Trendingnow

1

Jamie Dimon and his wife, Judith, donate $12 million to 12 HBCUs—betting they're the 'springboard to success' for the next generation

2

Dolly Parton’s philanthropy inspiration was her father who couldn't read or write: 'I saw how crippling that could be'

3

Less than 300 million barrels left: the engineering limits threatening the American Strategic Petroleum Reserve

1

Jamie Dimon and his wife, Judith, donate $12 million to 12 HBCUs—betting they're the 'springboard to success' for the next generation

2

Dolly Parton’s philanthropy inspiration was her father who couldn't read or write: 'I saw how crippling that could be'

3

Less than 300 million barrels left: the engineering limits threatening the American Strategic Petroleum Reserve
Apple

Obama’s DOJ is bringing its big guns to the Apple e-book appeal

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
December 11, 2014, 12:11 PM ET
Add Fortune on Google for similar content.

Here’s a surprise.

The e-book antitrust trial that went so badly against Apple two years ago is headed to an appeals court Monday and there’s a new name on the docket.

Arguing for the U.S., alongside the lawyers for the antitrust division who handled the trial, will be Malcom Stewart, one of the biggest guns in the office of the U.S. Solicitor General.

For the Solicitor General’s office to argue a case at this level is not unprecedented. It handled some of the Obama Administration’s oral arguments in Affordable Care Act appeals, for example.

But it is rare.

As a rule, when the Department of Justice wins at the trial stage and the losing party appeals, the concerned division of the DOJ — in this case antitrust — defends the ruling in the appellate process.

Why a Deputy Solicitor General would intercede here is a bit of a mystery.

Does the Solicitor General’s office — and by extension, the Obama Administration — feel that strongly about the righteousness of the DOJ’s cause?

After all, Apple’s argument that the e-book case turned antitrust law upside down — protecting a monopolist (Amazon) and prosecuting a new entrant (Apple) — has only been strengthened by Amazon’s (AMZN) subsequent behavior. (See Amazon: Friendly giant or unstoppable bully?)

Or does the office expect that U.S. v. Apple is headed to the Supreme Court, in which case it will either have to defend District Court Judge Denise Cote’s ruling that Apple illegally conspired to fix the price of e-books, or decide not to pursue it.

See also:

  • The view from the hard benches
  • Second Bite: Can Apple clear its name

.

Follow Philip Elmer-DeWitt on Twitter at @philiped. Read his Apple (AAPL) 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


Most Popular

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


    Most Popular

    © 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.