Showing results for: “e-books”
Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal
In October of last year, I had the chance to interview Hachette CEO Arnaud Nourry from the stage at the Frankfurt Book Fair, and I asked him whether his 2009 concerns that low e-book prices would devalue the book—the driving factor behind the alleged e-book price-fixing conspiracy—were in the the past. After all, much has changed ... Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal
Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
As ICLE argued in its amicus brief, the Second Circuit’s ruling in United States v. Apple Inc. is in direct conflict with the Supreme Court’s 2007 Leegin decision, and creates a circuit split with the Third Circuit based on that court’s Toledo Mack ruling. Moreover, the negative consequences of the court’s ruling will be particularly acute ... Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple
Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from offering best seller e-books at $9.99 (or other similar low prices). The problem, however, was that they had no mechanism for accomplishing that result. Then ... Jacobson on the Apple ebooks case: It is hard to find an easier antitrust case than United States v. Apple
Abbott on the Apple e-books case: Apple v. United States and antitrust error cost analysis
As Judge (and Professor) Frank Easterbrook famously explained over three decades ago (in his seminal article The Limits of Antitrust), antitrust is an inherently limited body of law. In crafting and enforcing liability rules to combat market power and encourage competition, courts and regulators may err in two directions: they may wrongly forbid output-enhancing behavior ... Abbott on the Apple e-books case: Apple v. United States and antitrust error cost analysis
Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to reverse the decision of the Second Circuit. That decision found per se illegality under the Sherman Act, for Apple’s efforts ... Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”
In my view, the Second Circuit’s decision in Apple e-Books, if not reversed by the Supreme Court, threatens to undo a half century of progress in reforming antitrust doctrine. In decision after decision, from White Motors through Leegin and Actavis, the Supreme Court has repeatedly held—in cases involving both horizontal and vertical restraints—that the only ... Kolasky on the Apple e-books case: Another reminder that “easy labels do not always supply ready answers”
Symposium on the Apple E-Books Antitrust Case: Implications for Antitrust and for the Economy
The appellate court’s 2015 decision affirming the district court’s finding of per se liability in United States v. Apple provoked controversy over the legal and economic merits of the case, its significance for antitrust jurisprudence, and its implications for entrepreneurs, startups, and other economic actors throughout the economy. Apple has filed a cert petition with ... Symposium on the Apple E-Books Antitrust Case: Implications for Antitrust and for the Economy
No good deed goes unpunished: EFF slams Google for alleged violation of ambiguous privacy pledge
I have small children and, like any reasonably competent parent, I take an interest in monitoring their Internet usage. In particular, I am sensitive to what ad content they are being served and which sites they visit that might try to misuse their information. My son even uses Chromebooks at his elementary school, which underscores ... No good deed goes unpunished: EFF slams Google for alleged violation of ambiguous privacy pledge
ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
Today the International Center for Law & Economics (ICLE) submitted an amicus brief to the Supreme Court of the United States supporting Apple’s petition for certiorari in its e-books antitrust case. ICLE’s brief was signed by sixteen distinguished scholars of law, economics and public policy, including an Economics Nobel Laureate, a former FTC Commissioner, ten ... ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Today, in ClearCorrect Operating, LLC v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit held that electronic transmissions of digital data from abroad do not involve the importation of “articles” for purposes of Section 337 of the Tariff Act (“Section 337,” 19 U.S.C. § 1337), thereby stripping the U.S. International Trade ... The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
A Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a Transparent Effort to Gut the DMCA
The Ninth Circuit made waves recently with its decision in Lenz v. Universal Music Corp., in which it decided that a plaintiff in a copyright infringement case must first take potential fair use considerations into account before filing a takedown notice under the DMCA. Lenz, represented by the EFF, claimed that Universal had not formed ... A Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a Transparent Effort to Gut the DMCA
The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning
On Thursday I will be participating in an ABA panel discussion on the Apple e-books case, along with Mark Ryan (former DOJ attorney) and Fiona Scott-Morton (former DOJ economist), both of whom were key members of the DOJ team that brought the case. Details are below. Judging from the prep call, it should be a ... The 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning
