/// Apple Says DOJ’s E-Book Remedies Are Biased in Amazon’s Favor

August 27, 2013  |  All Things Digital


Apple has long maintained that the proposed remedies in U.S. Department of Justice’s e-book price-fixing case against it are heavy-handed, lambasting them as wildly out of proportion to any adjudicated wrongdoing or potential harm .” And the DOJ’s recent revision of those remedies hasn’t much changed that position. In court filing released Monday, Apple berated the DOJ once again, calling its revised proposed remedies a “broadside masquerading as a brief” and a “transparent attempt effort to attack the credibility of Apple and its counsel, and obtain an injunction wildly out of proportion to the issues and evidence in the case.” And it asked the presiding court to order the DOJ to withdraw it and submit a new one that hews to issues it claims were actually adjudicated in court. According to Apple, the DOJ’s brief is predicated on arguments it ultimately abandoned at trial and materials that never made it into evidence. And it is the company’s view that it’s biased in favor of Amazon. “Plaintiffs devote much of their brief to seeking to justify an injunction directed at Apple’s unilateral dealings with Amazon (and other e-book retailers) in its App Store, an issue that the plaintiffs did not pursue at trial. Plaintiffs are seeking a remedy that would give Amazon significant competitive advantage over Apple — an advantage it is neither entitled to nor deserves.” Apple’s issue here is with the DOJ’s demand that it allow rival e-book retailers like Amazon and Barnes & Noble to provide links from their e-book apps to their own e-bookstores without paying any fee or commission to Apple on sales made through them

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Apple Says DOJ’s E-Book Remedies Are Biased in Amazon’s Favor


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