Past Cases

In re Electronic Books Antitrust Litigation

Status Past Case

Practice area Antitrust

Court U.S. District Court, Southern District of New York

Case number 1:11-md-02293-DLC

Overview

On February 17, 2016, the Second Circuit Court of Appeals upheld a New York federal court’s approval of a $450 million settlement against Apple in this hotly contested ebooks price-fixing class action against Apple Inc. Combined with $166 million in previous settlements with five defendant publishing companies, bringing total settlements to $616 million.

The settlement resolves damages claims brought by a certified class of ebook purchasers and attorneys general from 33 U.S. states and territories.

In December 2011, the court appointed Cohen Milstein co-lead counsel.

Important Rulings

  • Cohen Milstein and co-counsel, Hagens Berman Sobol Shapiro, won a series of successful motions on behalf of the class, including class certification and the exclusion of most of Apple’s expert testimony, and related appeals.

Case Background

Plaintiffs alleged that Apple and five of the six largest publishing companies in America conspired to raise the retail prices of ebooks. Together with the Department of Justice and the Attorneys General of 33 states and territories, Cohen Milstein litigated against Apple and its co-conspirators for three years, culminating in Judge Denise Cote’s finding that Apple violated the Sherman Act in the governmental cases and settlements with all defendants that could bring more than $560 million in relief to affected consumers.

The litigation brought $166 million in relief to ebook consumers, through settlements with the five publishing defendants. On July 16, 2014, the Plaintiffs announced the terms of a settlement with Apple, the final defendant, that will provide $400 million in additional consumer relief if Judge Cote’s verdict is upheld on appeal.

“We believe this is a fantastic outcome for consumers,” said Kit A. Pierson, Co-Chair of Cohen Milstein’s Antitrust Practice Group. “We are fully confident that the Second Circuit will affirm Judge Cote’s careful, well-reasoned verdict. Consumers will likely receive more than twice the amount they were overcharged, a resolution that furthers the Sherman Act’s goals of compensating injured consumers and deterring violations of the antitrust laws. This is a great victory not just for class members but for the enforcement of our antitrust laws and for readers everywhere.”