The proposed settlement would require the three settling publishers — HarperCollins, Hachette and Simon & Schuster — to terminate their existing agency pricing contracts with Apple. Apple says that isn’t fair: “The Government is seeking to impose a remedy on Apple before there has been any finding of an antitrust violation.” This case, the company states, revolves around “an alleged conspiracy to force Amazon to adopt agency.” So a settlement “enjoining collusion or precluding publishers from forcing agency on Amazon would be appropriate,” but Apple is entitled to defend its contracts in court.
It does seem unfair to impose a settlement without giving Apple a chance to defend itself.
if Apple loses then they will become a publisher
then they can use their copyright monopoly to destroy
the market.
Are they imposing or offering and the publishers are taking it? My understanding is the publishers had a choice and they didn’t want to fight it, hence the definition of settlement.
The thrust of Apple’s argument is that the proposed judgment to be entered as part of the settlement arrangement imposes obligations upon Apple, when Apple has not consented to the settlement. If the settlement only required action by the publishers, such as paying a fine, Apple would have nothing to say, but apparently that’s not the case here.
But that is the case. The DOJ is after multiple companies individually in one case. If not, all parties would have to agree to settle.
It seems Apple should be upset with the publishers.
For the record though, I get their point. It sucks for them to have publishers leave their side and “close” their account with Apple before a decision is rendered. I agree on that point.
Something must be missing in the reporting of this story. The Department of Justice (that’s the second thing missing- justice) alleges Apple did these criminal acts. How is it the DOJ also gets to judge and jury? Is there statute or case law precedence for this?
Something isn’t right with what has been written about this.
The DOJ isn’t the judge/jury, they are the one’s who filed suit against them. Others just settled before Apple, who I doubt will.