United States v. Apple Inc.

The district court found Apple in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. 1, because Apple facilitated and executed a conspiracy where five of the six largest e-book publishers in the country entered into a horizontal conspiracy to eliminate retail price competition in order to raise e-book prices. The district court issued an external compliance monitor through a permanent injunction. At issue on appeal is the district court’s denial of the motion to disqualify the appointed monitor, and modifications of the injunction. The court concluded that the district court did not abuse its discretion in declining to disqualify the monitor based on the record before the district court. The court also concluded that, in light of the court's intervening interpretation of the injunction, the terms of the injunction are not currently affected by modifications (if any) made by the district court. Accordingly, the court affirmed the decisions of the district court without prejudice. The court ordered the letter at issue disclosing the fee schedule unsealed and directed the Clerk of the Court to make that letter publicly available on the docket. View "United States v. Apple Inc." on Justia Law