It’s going to take a little longer before we know whether the Supreme Court will hear Apple’s bid to overturn the verdict in its e-book price-fixing case. Earlier this month, the Supreme Court ordered a month-long extension for the Department of Justice to file a brief in opposition to Apple’s petition to have the case reviewed.
All respondents now have until January 4, 2016 to file responses to Apple's petition to appeal the ruling. Briefs had been due on December 2; DoJ officials declined to comment to PW as to whether they would in fact file an opposition brief at all.
In addition, the court recorded that both parties had consented to the filing of amicus briefs in the matter.
On October 28, Apple attorneys petitioned the Supreme Court to review its case, arguing that the Second Circuit Court of Appeals erred in upholding judge Denise Cote’s July, 2013 verdict finding Apple liable for its role in a conspiracy to fix e-book prices. Apple contends that the lower courts erred in finding them liable for a “per se” violation of the Sherman Act, arguing that as a "vertical" player, its conduct must be considered under the more stringent “rule of reason” framework.
