DOJ & Apple To Debate Proposed Remedy in eBook Case

By Jason Boog Comment

Apple lawyers and Department of Justice attorneys will debate the DOJ’s proposed remedy today 3:00 p.m. EDT.

Earlier this week, five major publishers disputed the DOJ’s proposed remedy in the eBook price fixing case–writing that the remedy could ruin settlement agreements created by the publishers before Apple argued the case in court.  U.S Attorney Lawrence Buterman wrote a letter to the court (PDF), arguing that these measures are necessary. Here’s an excerpt:

 there is reason to believe the Publisher Defendants may be positioning themselves to pick things back up where they left off as soon as their two-year clocks run. Indeed, the very fact that the Publisher Defendants have banded together once again, this time to jointly oppose two provisions in the Proposed Final Judgement that they believe could result in lower e-Book prices for consumers, only highlights why it is necessary to ensure that Apple (and hopefully other retailers) can discount e-books and compete on retail price for as long as possible.

Earlier this week, Apple moved for a stay of Judge Denise Cote‘s ruling, giving the technology company time to complete its appeal. They wrote in a court filing:

 Apple plans to appeal this Court’s final judgment and respectfully submits that it has a strong chance of prevailing in the Second Circuit and the Supreme Court.