Apple recently filed an opposition to the Department of Justice's proposed settlement with three publishers in its e-book price-fixing case, arguing that the company stands to be punished by the deal though it never 'participated in, encouraged, or sought to benefit from collusion,' and assailing a deal that would harm the company by nullifying contracts 'before a single document has been introduced into evidence.' The three publishers are: Hachette, Simon & Schuster and HarperCollins.
Apple reportedly urged the court to do one of two things: approve a more narrowly focused settlement that bars collusion; or reserve final judgment on the settlement until the company has had their day in court. In addition to Apple, the two non-settling publishers - Penguin and Macmillan - also filed opposition briefs.
The brief also prominently raises the outpouring of public comments against the settlement, noting that 92 percent (800 of 868) submissions came from 'actual market participants' who opposed the settlement, raising questions as to whether the deal is in the public interest.
