Apple found per se liable in a hub-and-spoke conspiracy with e-book publishers
Last week, Apple was found by a court in the Southern District of New York to have engaged in a per se illegal horizontal price-fixing conspiracy with five of the six top national book publishers to raise the price of e-books.
The court found that Apple effectively engaged in a ‘hub-and-spoke conspiracy’, i.e., Apple (acting as the hub) effectively facilitated and encouraged a horizontal agreement among the publishers (the spokes) to fix prices through a series of vertical agreements (containing MFN clauses) between Apple and each of the publishers.
Although the court found Apple liable under a per se standard, the court indicated that it would have also found Apple liable under a rule of reason standard and rejected Apple’s assertion that its actions had the procompetitive effect of introducing competition (through Apple’s entry) in the e-books market then allegedly dominated by Amazon…
If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.
News from Allen & Overy
News from The Lawyer
Briefings from Allen & Overy
Sylvia Kierszenbaum and Willem Van de Wiele have authored an article in The International Capital Markets Review.
The Provincial Court of Madrid has upheld a hybrid dispute resolution clause. The judgment is the first one in Spain that recognises the validity of hybrid arbitration clauses.
Analysis from The Lawyer
Advisers get stuck into the disentangling task, to unhitch troubled bank from group
Shell legal director Peter Rees is switching litigation control away from external counsel to a unified global team of in-housers