US: Penguin files to force price-fixing plaintiffs to federal arbitration – again
As court documents come pouring in ahead of the June 3 trial for e-book price-fixing, reports have emerged that publisher Penguin has filed a motion asking the court to force plaintiffs in the consumer class and state claims to federal arbitration. The motion is significant as it is the same motion filed a year ago and subsequently rejected last July by Judge Denise Cote. Media call the two filings, made a year apart, “nearly identical” – Penguin claims that purchasers of e-books have agreed to the Terms of Use on Amazon and Barnes & Nobel, thereby agreeing to arbitrate “all disputes arising out of the purchases.” Judge Cote denied the request, citing an applicable precedent. Penguin reportedly acknowledged in its more recent filing the similarities with the first, adding that its purpose is to “preserve the issues for appeal.”
Full Content: Publishers Weekly
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
UK Business Secretary Calls for More Agile Competition Regulator
Feb 13, 2025 by
CPI
Germany’s Antitrust Regulator Raises Concerns Over Apple’s App Tracking Policies
Feb 13, 2025 by
CPI
$60 Billion Nissan-Honda Merger Falls Apart
Feb 13, 2025 by
CPI
DOJ Moves to End Protections for Three Regulatory Agencies
Feb 13, 2025 by
CPI
Meta to Allow Rivals to List Ads on Facebook Marketplace Following EU Fine
Feb 13, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – International Criminal Enforcement
Jan 23, 2025 by
CPI
The Antitrust Division’s Recent Work to Combat International Cartels
Jan 23, 2025 by
Emma Burnham & Benjamin Christenson
Information Sharing: The New Frontier of U.S. Antitrust Enforcement
Jan 23, 2025 by
Brian P. Quinn, Casey Kovarik & Michael Tubach
The Key Role of Guidelines on Exchanges of Information Among Competitors and the Divergent Transatlantic Paths
Jan 23, 2025 by
Rosa Abrantes-Metz & Albert Metz
Leniency, Whistleblowers, and Compliance
Jan 23, 2025 by
Richard Powers, Tara O’Malley & Cory Gordon