Case Status
Settled
Motion to Dismiss Denied (In Full or in Part)
Settlement Amount
$568 Million
Case Caption
In Re: Elec. Books Antitrust Litig.
Position
Co-Lead Counsel
Court
U.S. District Court for the Southern District of New York
Judge Assigned
Hon. Denise Cote
Case Number
11-MD-02293
Defendant(S)
Apple Inc.
HarperCollins Publishers
Hachette Book Group
Macmillan Publishers
Penguin Group Inc.
Simon & Schuster Inc.
File Date

Hagens Berman filed a nationwide class-action lawsuit claiming that Apple Inc. and five of the nation’s top publishers, including HarperCollins Publishers, Hachette Book Group, Macmillan Publishers, Penguin Group Inc. and Simon & Schuster Inc. illegally fix prices of electronic books, also known as e-books.

Final settlements have been reached with all of the defendants. Hagens Berman, working with the State Attorneys General in 33 jurisdictions, reached a settlement with Apple to provide $400 million in compensation to consumers for overpayment on e-books. When combined with prior settlements with the publisher defendants, consumers will receive more than $560 million – more than twice the amount of losses suffered by consumers.

A trial in the Attorney General lawsuit against Apple was held in June 2013.  The U.S. District Court decided Apple violated antitrust laws. The Court has found that there was a conspiracy among five top U.S. publishers (Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster) and Apple to fix and raise the retail prices of e-books. The U.S. Court of Appeals for the Second Circuit affirmed the District Court’s decision.

If you purchased one or more e-books from Apr. 1, 2010 through May 21, 2012 that were published by any of the Settling Publishers, you may have received payment from the Apple Settlement.

The Second Circuit dismissed the appeals of objectors in this litigation, and the Supreme Court denied Apple’s request for review of the Second Circuit’s affirmance of its liability finding against Apple.

CASE TIMELINE

CASE UPDATE

The court approved a re-distribution of remaining funds from the Apple Settlement on September 7, 2017 to customers that used their credit or cashed their check from the first Apple distribution that concluded in June of 2017.

Original Settlement Claims Period Done

The claims period for the original set of settlements in the e-books antitrust case ended on June 30, 2016. Plaintiffs and the litigating Attorneys General will be working with the court to distribute remaining funds to consumers. 

Consumers Receive Settlement Checks

Consumers begin receiving settlement checks. more »

Supreme Court Denies Apple's Appeal

The Supreme Court denies Apple’s appeal regarding its liability for the alleged e-book price-fixing scheme. Consumers will receive an additional $400 million in compensation. more »

Apple's Appeal Denied

Second Circuit denies Apple's appeal, bringing consumers closer to proposed $450 million settlement with Apple. more »

Apple to Pay Consumers $400 Million

Pending the Second Circuit Court’s decision, Apple will pay consumers $400 million. This settlement combined with additional settlements from the publishing companies will total $560 million – twice the amount of damages suffered by the class.

Settlement Preliminary Approval

U.S. District Court Judge Denise Cote provided preliminary approval to a series of settlements between states, consumers, and five publishers.

Penguin Settles

Penguin agreed to $75 million settlement.

Motion to Dismiss Denied

United States District Judge Denise Cote rejected Apple and the publishers’ motion to dismiss.

Hagens Berman Appointed Lead Counsel

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