Quote:
Originally Posted by TimW
When I read Judge Cote's opinion, I don't see this. She writes that Apple's actions were illegal by rule of reason as a vertical price-fixing conspiracy but could also be said to be per se illegal as a horizontal price-fixing conspiracy. She never says vertical price maintenance is per se illegal. Apple could possibly have room to argue that they weren't a horizontal player but I don't see them successfully arguing that they weren't liable by rule of reason as a vertical player. The appellate court doesn't seem terribly impressed, from what I can see.
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The appellate court hasn't ruled on it, or held hearings yet, so it's pretty hard to say if they are impressed or not. Perhaps you are thinking of the stay hearing. The stay hearing had 3 judges, who may or may not be hearing the case on the appeal.