Australian eBook retailer DNAML will be able to proceed in a lawsuit against Apple and the five agency publishers which alleges that DNAML’s business was hurt due to the 2010 eBook price fixing scandal led by the tech company and the publishing houses.
Judge Denise Cote has allowed the case to proceed despite challenges from Apple, Hachette, HarperCollins, Simon & Schuster, Macmillan and Penguin.
Publishers Weekly has the scoop: “Although Cote in her opinion said proving damages was going to be difficult ‘in the extreme’ for the DNAML, she held that the plaintiff’s case met the standard to proceed. But while Cote suggested that proving damages might be difficult, she added that DNAML’s ‘lost investment,’ in its business ‘may be reasonably quantifiable.'”