DNAML PTY, Limited v. Apple, Inc., Abbey House Media Inc. v. Apple Inc., and Diesel Ebooks, LLC v. Apple Inc., et al.
Our attorneys were retained by HarperCollins Publishers in three civil antitrust litigations arising out of the federal and state government e-books investigations and litigations in which five publishers and Apple were accused of conspiring to raise the price of e-books to consumers. The plaintiffs in the cases are e-book retailers and/or software developers who created e-book platforms, alleging in their complaints that they have been precluded for competing in the market for e-books. All three cases were dismissed on the defendants’ motions for summary judgment. On appeal by two of the plaintiffs (the third elected not to appeal), Abbey House Media and Diesel Books LLC, the Second Circuit Court of Appeals affirmed per curiam the dismissals. The matter was important in that it represented an effort by plaintiffs to expand the universe of potential antitrust plaintiffs to businesses claiming to have been injured collaterally by an alleged conspiracy aimed at consumer prices and price cutting competitors. In early August 2017, both appellants stipulated to not pursuing any further appeals.