The Second Court of Appeals has affirmed (PDF) that Apple is liable for engaging in e-book price fixing, holding up the 2013 judgment of a district court that ruled in favor of the Department of Justice (DoJ) and 33 states.
The DoJ sued Apple as well as publishers Penguin, HarperCollins, Hachette, Simon & Schuster, and Macmillan back in 2012. The publishers agreed to settle for $164 million. Apple fought the charges and lost, and it appealed the decision in February 2014.
When it appealed last year, Apple argued that at the time of its entry into the e-book business, Amazon was its only real competitor, and Amazon was selling e-books for $9.99, which Apple said was well below a competitive range. Instead, Apple said that it worked with publishers to hit a price point that would help Apple be profitable enough to enter the e-book market.
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