US: Apple pursues sweeping overturn of eBooks verdict

Apple Inc. filed an appeal against a district court’s finding that the company had conspired with eBooks publishers to fix prices, requesting the US Court of Appeals in New York to overturn the judgment.

According to reports, the technology company claims the judgment, made by US District Judge Denise Cote last July, was based on flawed theory.

In its filing, made Tuesday, Apple said it “had no knowledge that the publishers were engaged in a conspiracy in December 2009 or at any other point. It was not unlawful for Apple to take advantage of retail market discord by using lawful agency agreements to enter the market and compete with Amazon.”

Since the ruling, Judge Cote has also denied Apple’s appeal of the establishment of an external antitrust monitor to oversee Apple operations. Further, she found the company liable to 33 states that joined the US Department of Justice’s original lawsuit; since the DOJ did not seek monetary damages, the states have reportedly asked for treble damages, seeking three times the amount of $280 million.

The DOJ said it would file its response to Apple’s appeal in May.

Full Content: Businessweek

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