Apple Loses Appeal in eBook Antitrust Case

The 2nd Circuit Court of Appeals has upheld a 2013 judgment against Apple for violating antitrust laws. In a 2-1 decision, the court affirmed that Apple conspired with publishers to fix ebook prices.

The Majority: Judge Livingston ruled that Apple organized the conspiracy to facilitate the opening of the iBookstore and raise market prices.

The Dissent: Judge Jacobs argued that Apple’s entry into the market was pro-competitive as it challenged an existing 90% monopoly, and that the company was justified in avoiding a business model that assured losses.

An appeal to the Supreme Court is expected.