March 28, 2024

Judge Sets Restrictions for Apple on E-Books

But the judge, Denise L. Cote of Federal District Court in Manhattan, rejected some of the measures sought by the Justice Department, including extensive government oversight over Apple’s App Store.

In a filing this week, Judge Cote issued her final ruling on the penalties to be imposed on Apple after the long-running lawsuit against the technology giant filed by the Justice Department in April 2012.

The government accused Apple, along with five major book publishers, of illegally colluding to raise the price of e-books and of trying to curb Amazon’s influence in the publishing industry as Apple prepared to introduce its iPad in 2010.

All five publishers, Macmillan, HarperCollins, Simon Schuster, Hachette Book Group and Penguin Group USA, have since settled, while saying that they did nothing wrong. Random House, which was not named in the lawsuit, merged with Penguin earlier this year.

But Apple, confident of its innocence and with the financial resources to fight in court, went to trial this summer. It defended itself with testimony from a string of high-ranking Apple executives, including Eddy Cue, the company’s senior vice president for Internet software and services, who led the negotiations with publishers.

In July, Judge Cote ruled against Apple in a nonjury trial, saying there was compelling evidence it had violated antitrust laws by conspiring with the publishers.

In her ruling this week, Judge Cote said that Apple may not enter into any agreement with the five settling publishers that “restricts, limits or impedes Apple’s ability to set, alter or reduce the retail price of any e-book.”

The ruling also said that Apple would be prohibited from discussing with any publisher its contractual negotiations with another publisher.

In addition, Judge Cote ordered that Apple cooperate with an external monitor who will evaluate and report on the company’s training reforms and antitrust compliance.

William J. Baer, the assistant attorney general, said in a statement on Friday that the Justice Department was pleased by the court’s ruling.

“Consumers will continue to benefit from lower e-books prices as a result of the department’s enforcement action to restore competition in this important industry,” he said. “By appointing an external monitor to ensure future compliance with the antitrust laws, the court has helped protect consumers from further misconduct by Apple. The court’s ruling reinforces the victory the department has won for consumers.”

Apple has said that it will appeal Judge Cote’s July ruling.

“Apple did not conspire to fix e-book pricing,” Tom Neumayr, an Apple spokesman, said in an e-mail on Friday. “The iBook-
store gave customers more choice and injected much-needed innovation and competition into the market.”

At a hearing in United States District Court in Manhattan last week, Judge Cote said that she wished to “intrude as little as possible” on Apple’s business.

Article source: http://www.nytimes.com/2013/09/07/business/media/judge-sets-final-restrictions-for-apple-on-e-books.html?partner=rss&emc=rss

Google’s Lawyers Work Behind the Scenes to Carry the Day

After regulators had pored over nine million documents, listened to complaints from disgruntled competitors and took sworn testimony from Google executives, the government concluded that the law was on Google’s side. At the end of the day, they said, consumers had been largely unharmed.

That is why one of the biggest antitrust investigations of an American company in years ended with a slap on the wrist Thursday, when the Federal Trade Commission closed its investigation of Google’s search practices without bringing a complaint. Google voluntarily made two minor concessions.

“The way they managed to escape it is through a barrage of not only political officials but also academics aligned against doing very much in this particular case,” said Herbert Hovenkamp, a professor of antitrust law at the University of Iowa who has worked as a paid adviser to Google in the past. “The first sign of a bad antitrust case is lack of consumer harm, and there just was not any consumer harm emerging in this very long investigation.”

The F.T.C. had put serious effort into its investigation of Google. Jon Leibowitz, the agency’s chairman, has long advocated for the commission to flex its muscle as an enforcer of antitrust laws, and the commission had hired high-powered consultants, including Beth A. Wilkinson, an experienced litigator, and Richard J. Gilbert, a well-known economist.

Still, Mr. Leibowitz said during a news conference announcing the result of the inquiry, the evidence showed that Google “doesn’t violate American antitrust laws.”

“The conclusion is clear: Google’s services are good for users and good for competition,” David Drummond, Google’s chief legal officer, wrote in a company blog post.

The main thrust of the investigation was into how Google’s search results had changed since it expanded into new search verticals, like local business listings and comparison shopping. A search for pizza or jeans, for instance, now shows results with photos and maps from Google’s own local business service and its shopping product more prominently than links to other Web sites, which has enraged competing sites.

But while the F.T.C. said that Google’s actions might have hurt individual competitors, over all it found that the search engine helped consumers, as evidenced by Google users’ clicking on the products that Google highlighted and competing search engines’ adopting similar approaches.

Google outlined these kinds of arguments to regulators in many meetings over the last two years, as it has intensified its courtship of Washington, with Google executives at the highest levels, as well as lawyers, lobbyists and engineers appearing in the capital.

One of the arguments they made, according to people briefed on the discussions, was that technology is such a fast-moving industry that regulatory burdens would hinder its evolution. Google makes about 500 changes to its search algorithm each year, so results look different now than they did even six months ago.

The definition of competition in the tech industry is also different and constantly changing, Google argued.

For instance, just recently Amazon and Apple, which used to be in different businesses than Google, have become its competitors. Google’s share of the search market has stayed at about two-thirds even though competing search engines are “just a click away,” as the company repeatedly argued. That would become the company’s mantra to demonstrate that it was not abusing its market power.

Claire Cain Miller reported from San Francisco, and Nick Wingfield from Seattle.

Article source: http://www.nytimes.com/2013/01/04/technology/googles-lawyers-work-behind-the-scenes-to-carry-the-day.html?partner=rss&emc=rss