March 17, 2018

Judge Denies Publishers, Apple, Stay of Civil Suit; More States Join Antitrust Filing

U.S. District Court judge Denise Cote denied a motion by Apple, Penguin, and Macmillian to dismiss a civil class action suit that alleges Apple and the major publishers colluded to set ebook prices. The-56 page court document explains the standard of proof Judge Cote applied, saying that the court “may not properly dismiss a complaint that states a plausible version of events merely because the court finds a different version more plausible.”

Cotes stayed the suit against Hachette and HarperCollins on May 2, according to Paid Content, because the publishers are close to a consumer restitution settlement with state governments. Some 16 states originally filed an antitrust suit against the publishers in early April, as well as against Apple, Macmillan, Penguin, and Simon & Schuster, following the lead of the U.S. Department of Justice. As of May 14, some 31 states had joined the suit, according to Legal The later additions, which joined on May 11, include Wisconsin, Utah, North Dakota, New York, New Mexico, Nebraska, Michigan, Massachusetts, Louisiana, Kansas, Indiana, Idaho, the District of Columbia, Delaware, Arkansas, Alabama, and Virginia.


Meredith Schwartz About Meredith Schwartz

Meredith Schwartz ( is Executive Editor of Library Journal.