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Apple asks federal appeals court to overturn finding in antitrust case, or award new trial

NEW YORK, N.Y. - Apple filed papers on Tuesday telling a federal appeals court in New York that a judge's finding it violated antitrust laws by manipulating electronic book prices "is a radical departure" from modern antitrust law that will "chill competition and harm consumers" if allowed to stand.

Apple filed its formal written arguments before the Second U.S. Circuit Court of Appeals, asking the appeals court to overturn the judgment in Apple's favour, or grant a new trial in front of a different judge.

U.S. District Judge Denise Cote concluded last year that the Cupertino, Calif.-based company colluded with book publishers in 2010 to raise electronic book prices. She appointed Washington lawyer Michael Bromwich as monitor for two years after concluding Apple was not doing enough to ensure it no longer violated antitrust laws.

Apple's papers filed Tuesday refuted the antitrust finding, and said its entrance into the e-book market "kick-started competition in a highly concentrated market, delivering higher output, lower price levels, and accelerated innovation."

Apple had also filed a request that the monitor's work be suspended until the appeals court decides whether he was correctly appointed. A three-judge panel of the appeals court ruled earlier this month that he can once again take up his work but under the limits decided upon by Cote.

An email seeking comment from the Department of Justice was not immediately answered.

The Canadian Press


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