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April 16, 2014

Apple loses bid to turn down US states’ e-book antitrust suits

Judge noted that Apple contradicted itself in its argument.

By CBR Staff Writer

Apple has reportedly lost an effort to dismiss antitrust cases filed against it by US state attorneys general over alleged attempts to set e-book prices with publishers.

The latest ruling comes after Apple sought the US Court of Appeals in New York, last month, to topple its ruling that it violated antitrust policies.

The US District Judge Denise Cote’s rejection of Apple’s motion allows attorneys general in 33 states and territories in addition to attorneys for consumers to go ahead to seek damages worth hundreds of millions of dollars in a trial scheduled in July.

According to Cote noted that Apple contradicted itself in its argument.

The iPhone maker said in its filing that it was not aware that publishers were involved in a conspiracy in December 2009 or at any other point.

Cote said that Apple appears on the one hand to concede that the states have standing to seek injunctive relief against Apple, but to contest that they have standing to seek damages arising from the same conduct by Apple.

"Apple fails to explain how this can be so," she added.

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"Apple has cited no authority to support the distinction it is advocating here between the standing to seek an end to an antitrust violation and the standing to seek damages for that violation."

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