After a judge discovered that the government’s original injunction was excessively harsh, Apple, Inc. and the U.S. Justice Department filed contrasting suggestions for a court order that will coat the company’s conduct over e-book sales.
A ruling not in favor of the iPad maker for its participation in fixing e-book prices would expire in five years half shorter than the 10 years in the first plan has been filed today under the department’s revised proposal. The U.S. is still up for a measure that Apple firmly objects, a court-appointed external antitrust monitor.
According to Bloomberg, U.S. District Judge Denise Cote in Manhattan received a letter today from Apple’s lawyer Orin Synder that says the ruling was unreasonable and unjustified and exceeds the bounds of even criminal price-fixing cases.
Cote suggested that her new recommendation was made to ensure that Apple will not be negotiating with more than than one publisher in a single meeting, the company should be required to hold staggered negotiations. This proposal was included in the revised proposal.
In an e-mail received by Bloomberg from spokesperson of the Justice Department named Gina Talamona, she clarified that the reason for the change is to fix competitive problems, prevent illegal behavior from continuing in the future and to restore good competition in the market. She also added that they have considered the court’s comments and this dynamic industry in the revision of the proposed remedy.
Suggestions of the government in regulation of how should Apple, Inc. make use of electronic applications for the sales of e-books have been objected by Apple. The U.S. is in search for a way to compel Apple to allow e-book retailers to offer hyperlinks on iPads and other gadgets to their own e-book sites or websites without any payment to Apple if a book is bought.
A succeeding hearing of the case will be scheduled to determine monetary damages against Apple, Inc. that lawyers have said may cost hundreds of millions of dollars.
