JUN-12(1)

Summer 2012, Volume 6 Number 1

In this issue:

Was the DOJ out to lunch when they brought suit against Apple and five major publishing houses alleging price-fixing and collusion on setting eBook prices? After all, the major beneficiary of the suit is Amazon, a dominant force in book-selling which many hold responsible for destroying other book sellers. On the other hand, prices for eBooks did go up substantially when Apple introduced the agency pricing model, enticing publishers away from Amazon's wholesale pricing model. Our authors take substantially differing viewpoints on the question; if this issue doesn't help you make up your mind about the case, it will, at the least, leave you very well-informed.

A New Antitrust Battleground—eBooks
  1. Jay Himes, Meegan Hollywood, Jun 13, 2012

    New Toys For Old Games: eBooks – iTroubles

    While the innovations of Apple may reflect significant industry advances and offer considerable consumer benefits, still, the antitrust laws cannot be jettisoned to accomplish such goals. Jay L. Himes & Meegan Hollywood (Labaton Sucharow LLP)

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  2. Anant Raut, Jun 13, 2012

    “Siri: What is Antitrust?”

    The model Apple sought to apply in the eBook industry is the same iTunes model it has applied elsewhere without challenge under the antitrust laws. Anant Raut (Pepper Hamilton LLP)

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  3. Chris Sagers, Jun 13, 2012

    United States v. Apple and the Contemporary Legitimacy of Antitrust

    So here’s my big question: Why does everybody seem to hate this case? Christopher Sagers (Cleveland State University)

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  4. Steven Semeraro, Jun 13, 2012

    Should the e-Book Case Presage the Decline of The Per Se and Market Share Doctrines?

    Yet, a sophisticated, doctrinally focused antitrust lawyer would have no trouble attacking (1) the applicability of the per se rule and (2) the eBook product market. Steven Semeraro (Thomas Jefferson School of Law)

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  5. Steve Szentesi, Mark Katz, Jun 13, 2012

    The eBooks Case: A Canadian Perspective

    The case could raise—and decide—important issues relating to the interpretation of the new per se conspiracy offense under the Act. Steve Szentesi, Mark Katz (Davis Ward Phillips & Vineberg LLP)

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About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

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President: Elisa Mariscal

Managing Editor: Lauren Chiang

Senior Editor: Lindsay W. McSweeney

Social Media: Anna Tzanaki

Subscription Manager: Susan Roberts

Office Manager: Kristen Adrian

Editorial Advisory Board:

Rosa Abrantes-Metz, Global Econ. Group, Stern School of Bus. at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, Washington D.C.

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen

Nicolas Petit, University of Lìege

Daniel Sokol, University of Florida Levin School of Law

Joshua Wright, George Mason Law School