Antitrust Law Daily Wrap Up, ANTITRUST—2d Cir: Apple’s request for stay of damages trial pending appeal of class certification will be considered, (Apr 28, 2014)
Law Firms Mentioned:Cohen Milstein Sellers & Toll PLLC | Gibson, Dunn & Crutcher, LLP | Hagens Berman Sobol Shapiro LLP
Organizations Mentioned:Apple Inc. | Cohen Milstein Sellers & Toll, PLLC | Gibson Dunn | Hagens Berman Sobol Shapiro, LLP
By Linda O’Brien, J.D., LL.M.
The U.S. Court of Appeals in New York City will consider Apple’s request for a stay of class notification and for a stay of the damages trial set to begin in July 2014, in actions brought by the Department of Justice Antitrust Division and the attorneys general of 33 states and territories against Apple Inc. for conspiring with five major publishers to fix the prices for electronic books or e-books (In re Electronic Books Antitrust Litigation, April 25, 2014, Wolfe, C.).
The publisher defendants settled the federal and state charges in September 2012. In July 2013, the court found that Apple colluded with the publishers to fix e-book prices in per se violation of the antitrust laws. In advance of a damages trial set for July 2014, the plaintiffs moved for certification of a class of e-book purchasers, which was granted by the court. The plaintiffs’ class notification plan was also approved. Apple’s motions to stay the class and states’ actions pending submission and review of its appeal of the class certification decision and for an administrative stay of the class notification were denied. Subsequently, Apple filed an emergency motion seeking a stay of class notification and a stay of the damages trial, pending appeal. Apple also requested an administrative stay of the class notification.
The court ordered that a three-judge panel will hear argument on Apple’s request to stay the damages trial, pending appeal of the district court’s decision to grant class certification. Apple’s request for an administrative stay of the class notification was also granted.
The case is No. 14-1092.
Attorneys: Steve W. Berman, George W. Sampson, Jeff D. Friedman and Shana Scarlett (Hagens Berman Sobol Shapiro LLP) and Douglas Richards, Kit A. Pierson, and Jeffrey B. Dubner (Cohen Milstein Sellers & Toll PLLC) for class plaintiffs. Cynthia Richman, Theodore J. Boutrous, Jr., and Daniel G. Swanson (Gibson, Dunn & Crutcher, LLP) for Apple Inc.
Companies: Apple Inc.
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