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United States V. Apple Inc.
''United States v. Apple Inc.'', 952 F. Supp. 2d 638 (S.D.N.Y. 2013), was a US antitrust case in which the Court held that Apple Inc. conspired to raise the price of e-books in violation of the Sherman Act. The suit, filed in April 2012, alleged that Apple Inc. and five book publishing companies conspired to raise and fix the price for e-books in violation of Section 1 of the Sherman Antitrust Act. The publishers are Hachette Book Group, Inc., HarperCollins Publishers, Macmillan Publishers, Penguin Group, Inc., and Simon & Schuster, Inc. (collectively referred to as the ''Publisher Defendants''). Only Apple proceeded to trial, while the Publisher Defendants settled the claims against them. __TOC__ Background The Publisher Defendants sold over 48% of all e-books in the U.S. in the first quarter of 2010. The Publisher Defendants along with Random House Publishing are the six largest publishers in the United States (collectively the Publishers) and are often referred to as the " ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ...
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IBookstore
Apple Books (formerly known as iBooks between January 2010 and September 2018) is an e-book reading and store application by Apple Inc. for its iOS and macOS operating systems and devices. It was announced, under the name iBooks, in conjunction with the iPad on January 27, 2010, and was released for the iPhone and iPod Touch in mid-2010, as part of the iOS 4 update. Initially, iBooks was not pre-loaded onto iOS devices, but users could install it free of charge from the iTunes App Store. With the release of iOS 8, it became an integrated app. On June 10, 2013, at the Apple Worldwide Developers Conference, Craig Federighi announced that iBooks would also be provided with OS X Mavericks in fall 2013. It primarily receives EPUB content from the Apple Books store, but users can also add their own EPUB and Portable Document Format (PDF) files via data synchronization with iTunes. Additionally, the files can be downloaded to Apple Books through Safari or Apple Mail. It is also capab ...
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Leegin Creative Leather Products, Inc
''Leegin Creative Leather Products, Inc. v. PSKS, Inc.'', 551 U.S. 877 (2007), is a US antitrust case in which the United States Supreme Court overruled '' Dr. Miles Medical Co. v. John D. Park & Sons Co.'' ''Dr Miles'' had ruled that vertical price restraints were illegal ''per se'' under Section 1 of the Sherman Antitrust Act. ''Leegin'' established that the legality of such restraints are to be judged based on the rule of reason. Facts Leegin, a manufacturer of leather apparel, concluded that its interests would be best served by opting out of a price war "race to the bottom," focusing instead on quality and brand cachet. Accordingly, with specific exceptions, it decided to refuse sale to retailers if they intended to discount its products below their recommended retail price. Five years after this policy was introduced, Leegin discovered that Kay's Kloset was violating the policy by marking down the Leegin products by 20%. When Kay's refused to comply with Leegin's policy, ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Texaco Inc
Texaco, Inc. ("The Texas Company") is an American oil brand owned and operated by Chevron Corporation. Its flagship product is its fuel "Texaco with Techron". It also owned the Havoline motor oil brand. Texaco was an independent company until its refining operations merged into Chevron, at which time most of its station franchises were divested to Shell plc through its American division. Texaco began as the "Texas Fuel Company", founded in 1902 in Beaumont, Texas, by Joseph S. Cullinan, Thomas J. Donoghue, and Arnold Schlaet upon the discovery of oil at Spindletop. The Texas Fuel Company was not set up to drill wells or to produce crude oil. To accomplish this, Cullinan organized the Producers Oil Company in 1902, as a group of investors affiliated with The Texas Fuel Company. Men such as John W. ("Bet A Million") Gates invested in "certificates of interest" to an amount of almost ninety thousand dollars. Future restructuring would merge Producers Oil Company and The Texas F ...
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Rule Of Reason
The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law. While some actions like price-fixing are considered illegal ''per se'''', ''other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably'' '' restrain trade. William Howard Taft, then Chief Judge of the Sixth Circuit Court of Appeals, first developed the doctrine in a ruling on ''Addyston Pipe and Steel Co. v. United States, ''which was affirmed in 1899 by the Supreme Court. The doctrine also played a major role in the 1911 Supreme Court case '' Standard Oil Company of New Jersey v. United States.'' History Upon its development some critics of ''Standard Oil'', including the lone dissenter Justice John Marshall Harlan, argued that ''Standard Oil'' and its rule of reason were a departure from previous Sherman Act case law, which purportedl ...
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Illegal Per Se
In US law, the term illegal ''per se'' means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of ''scienter'' (knowledge) or other defenses. Acts are made illegal ''per se'' by statute, constitution or case law. Drunk driving Many drunk driving laws make driving with a blood alcohol content over a certain limit (such as 0.05% or 0.08%) an act which is illegal ''per se''. Antitrust In the United States, illegal ''per se'' often refers to categories of anti-competitive behavior in antitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anti competitive. The United States Supreme Court has, in the past, determined activities such as price fixing, geographic market division, and group boycott to be illegal ''per se'' regardless of the reasonableness of such actions. Traditionally, illegal ''per se'' anti-trust acts describe horizontal market arrangements among competitors ...
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Monsanto Co
The Monsanto Company () was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best known product is Roundup, a glyphosate-based herbicide, developed in the 1970s. Later the company became a major producer of genetically engineered crops. In 2018, the company ranked 199th on the Fortune 500 of the largest United States corporations by revenue. Monsanto was one of four groups to introduce genes into plants in 1983, and was among the first to conduct field trials of genetically modified crops in 1987. It was one of the top 10 US chemical companies until it divested most of its chemical businesses between 1997 and 2002, through a process of mergers and spin-offs that focused the company on biotechnology. Monsanto was one of the first companies to apply the biotechnology industry business model to agriculture, using techniques developed by biotech drug companies. In this business model, com ...
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Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust enforcement with the Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC. The FTC was established in 1914 with the passage of the Federal Trade Commission Act, signed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations (codified in Title 16 of the Code of Federal Regulations). The broad statutory authority granted to the FTC provide ...
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Rupert Murdoch
Keith Rupert Murdoch ( ; born 11 March 1931) is an Australian-born American business magnate. Through his company News Corp, he is the owner of hundreds of local, national, and international publishing outlets around the world, including in the UK ('' The Sun'' and ''The Times)'', in Australia (''The Daily Telegraph, Herald Sun'', and ''The Australian)'', in the US (''The Wall Street Journal'' and the ''New York Post''), book publisher HarperCollins, and the television broadcasting channels Sky News Australia and Fox News (through the Fox Corporation). He was also the owner of Sky (until 2018), 21st Century Fox ( until 2019), and the now-defunct '' News of the World''. With a net worth of billion , Murdoch is the 31st richest person in the United States and the 71st richest in the world. After his father's death in 1952, Murdoch took over the running of '' The News'', a small Adelaide newspaper owned by his father. In the 1950s and 1960s, Murdoch acquired a number of new ...
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Steve Jobs
Steven Paul Jobs (February 24, 1955 – October 5, 2011) was an American entrepreneur, industrial designer, media proprietor, and investor. He was the co-founder, chairman, and CEO of Apple; the chairman and majority shareholder of Pixar; a member of The Walt Disney Company's board of directors following its acquisition of Pixar; and the founder, chairman, and CEO of NeXT. He is widely recognized as a pioneer of the personal computer revolution of the 1970s and 1980s, along with his early business partner and fellow Apple co-founder Steve Wozniak. Jobs was born in San Francisco to a Syrian father and German-American mother. He was adopted shortly after his birth. Jobs attended Reed College in 1972 before withdrawing that same year. In 1974, he traveled through India seeking enlightenment before later studying Zen Buddhism. He and Wozniak co-founded Apple in 1976 to sell Wozniak's Apple I personal computer. Together the duo gained fame and wealth a year later with produ ...
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Disintermediation
Disintermediation is the removal of intermediaries in economics from a supply chain, or "cutting out the middlemen" in connection with a transaction or a series of transactions. Instead of going through traditional distribution channels, which had some type of intermediary (such as a distributor, wholesaler, broker, or agent), companies may now deal with customers directly, for example via the Internet. Disintermediation may decrease the total cost of servicing customers and may allow the manufacturer to increase profit margins and/or reduce prices. Disintermediation initiated by consumers is often the result of high market transparency, in that buyers are aware of supply prices direct from the manufacturer. Buyers may choose to bypass the middlemen (wholesalers and retailers) to buy directly from the manufacturer, and pay less. Buyers can alternatively elect to purchase from wholesalers. Often, a business-to-consumer electronic commerce (B2C) company functions as the bridge bet ...
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