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Expert Analysis

Takeaways From 2nd Circ.'s Apple E-Books Ruling

Law360, New York ( July 13, 2015, 10:05 AM EDT) -- On June 30, 2015, the same day as the launch of Apple Inc.'s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country's largest book publishers to fix prices for e-books and coerce Amazon to change its pricing model to accommodate those higher, fixed prices. United States v. Apple Inc., No. 13-3741, Slip Op., (2nd Cir. June 30, 2015). The Second Circuit held that while Apple's agreements with the publishers were vertical, they were a component of a horizontal conspiracy among the publishers that was a per se violation of § 1 of the Sherman Act....

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