Follow Us

We use cookies to provide you with a better experience. If you continue to use this site, we'll assume you're happy with this. Alternatively, click here to find out how to manage these cookies

hide cookie message

Appeals court denies Apple bid to delay e-books damages trial

An appeals court denied Apple's request for a stay during appeal

Article comments

The trial for damages in the e-books price-fixing lawsuit against Apple is to proceed on July 14 after an appeals court declined to stay it.

The U.S. Court of Appeals for the 2nd Circuit ruled Thursday that Apple did not qualify for a stay during appeal on proceedings in the U.S. District Court for the Southern District of New York, where the case is scheduled to go on trial to determine damages. A temporary stay entered by the appeals court last month was ended.

U.S. District Judge Denise Cote of the New York court ruled last year that Apple and five major U.S. publishers had conspired to raise prices in the e-book market to counter Amazon.com.((

The U.S. Department of Justice, 33 states and U.S. territories and a group of consumers claiming class status brought lawsuits charging that Apple and the publishers conspired to raise e-book prices in 2010. All of the book publishers settled before a trial on liability that was held in June 2013.

At the hearing in July, the states and the class are scheduled to try their damages claims against Apple. Judge Cote earlier granted class certification to the consumer group as well as denied an Apple plea that the states lack standing or should be asked to seek class certification before seeking to recover damages from Apple due to its antitrust violations.

In its appeal, Apple has held that it had no knowledge that publishers were engaged in a conspiracy in December 2009 or at any other point. Apple had offered a retail business model to the publishers that was in the company's independent business interests "and was attractive to the publishers, who were frustrated with Amazon," it said in a filing in February.

Apple could not be immediately reached for comment on the decision by the appeals court.

On Thursday, Judge Cote ordered the parties to confer and inform her on the schedule going forward for the proceedings, in view of the appeals court order.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com



Share:

More from Techworld

More relevant IT news

Comments



Send to a friend

Email this article to a friend or colleague:

PLEASE NOTE: Your name is used only to let the recipient know who sent the story, and in case of transmission error. Both your name and the recipient's name and address will not be used for any other purpose.

Techworld White Papers

Choose – and Choose Wisely – the Right MSP for Your SMB

End users need a technology partner that provides transparency, enables productivity, delivers...

Download Whitepaper

10 Effective Habits of Indispensable IT Departments

It’s no secret that responsibilities are growing while budgets continue to shrink. Download this...

Download Whitepaper

Gartner Magic Quadrant for Enterprise Information Archiving

Enterprise information archiving is contributing to organisational needs for e-discovery and...

Download Whitepaper

Advancing the state of virtualised backups

Dell Software’s vRanger is a veteran of the virtualisation specific backup market. It was the...

Download Whitepaper

Techworld UK - Technology - Business

Innovation, productivity, agility and profit

Watch this on demand webinar which explores IT innovation, managed print services and business agility.

Techworld Mobile Site

Access Techworld's content on the move

Get the latest news, product reviews and downloads on your mobile device with Techworld's mobile site.

Find out more...

From Wow to How : Making mobile and cloud work for you

On demand Biztech Briefing - Learn how to effectively deliver mobile work styles and cloud services together.

Watch now...

Site Map

* *