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Arnold & Porter Notches Three Victories For HarperCollins In Litigation With E-Book Retailers

March 7, 2016

NEW YORK, March 8, 2016 - Over the last few months, Arnold & Porter LLP has achieved the dismissal of three antitrust suits on behalf of its client, HarperCollins Publishers L.L.C.  The suits had been brought in 2013 and 2014 by three former e-book retailers, alleging that they had been forced out of business by an alleged price-fixing conspiracy between Apple Inc. and five prominent publishers.  Arnold & Porter worked with co-counsel representing the other defendants to litigate the three cases in the Southern District of New York before U.S. District Court Judge Denise Cote.

The plaintiffs had alleged that they had been injured in 2010 by the publishers’ switch to an “agency” pricing model, in which publishers set their own e-book prices and paid a commission to the retailer.  In their motions for summary judgment, the defendants highlighted the struggles each of the plaintiffs had undergone prior to the alleged conspiracy and argued that each of their businesses were failing long before the publishers switched to the agency model.

Judge Cote agreed, granting the defendants’ motions for summary judgment in the three cases on December 16, 2015, January 22, 2016, and February 5, 2016.  Arnold & Porter's representation of HarperCollins was led by C. Scott Lent.  Other team members included Ross M. Wolland and Matthew H. Fine.

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