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Old 03-02-2014, 02:41 PM   #44
PatNY
Zennist
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Join Date: Jul 2010
Device: iPod Touch, Sony PRS-350, Nook HD+ & HD
The wheels of justice turn slowly, so if there is an appeal to the Supreme Court, this may not be settled until the spring of 2017 or even the following year. Hopefully the federal appeals court rules against Apple and they decide to cut their losses -- and lawyers' bills -- by dropping any further appeals. If they do decide to take it further, hopefully the SC simply dismisses the case without comment.

Unless they do what Apple did, other companies really don't need to worry about anti-trust proceedings just because they negotiate most favored clauses with multiple companies. What Apple did was pretty unusual -- a vertical player directly manipulating and orchestrating a horizontal price fixing conspiracy. This is why Cote felt their behavior did not fall squarely under Leegin, which she addressed in her ruling.

--Pat
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