Abbey House Media, Inc. d/b/a BooksOnBoard v. Apple, Inc.; Diesel Ebooks, LLC v. Apple, Inc.; DNAML PTY, Limited v. Apple, Inc.
Our attorneys defended Penguin Group in actions brought by defunct electronic book resellers claiming to have been forced out of business as a result of an alleged conspiracy among Apple, Inc. and five major publishers to shift the sale of electronic books to an “agency model” distribution methodology. 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 pursue any further appeals.