Apple Subpoenas Amazon In E-Book Suit
Posted 09/20/2012 at 11:15am
| by Matt Clark
We sure spend an awful lot of time talking about Apple's courtroom adventures these days. Whether it's patent lawsuits, or charges against Polish grocery stores, Cupertino is keeping its legal team busy. But in case you had forgotten, Apple is still tied up in a lawsuit from the U.S. Department of Justice over antitrust allegations in electronic book pricing.
Apple filed a subpoena in the DOJ case earlier this summer, asking for interviews conducted with Amazon officials during the department's investigation. Cupertino's lawyers are now claiming a discovery dispute, as Amazon made a movement on September 14 through Seattle federal court to stop the subpoena.
Apple has asked U.S District Judge Denise Cote, who is overseeing the case in New York City, to transfer Amazon's motion from Washington to New York. Judge Cote's handwritten memo (via PaidContent) on the letter from Apple representatives O'Melveny & Myers states, "this court shall promptly address the discovery dispute in the event [the motion] is transferred from the Western District of Washington."
While it's not immediately clear why Apple wants access to the Amazon interviews, it's a safe bet the record offers a look into how Amazon sets prices for its ebooks. Apple's Tom Neumayr, speaking to AllThingsD back in April, claimed the company had broken Amazon's "monopolistic grip" on publishing, thanks to the innovations of the iBookstore.
A memo filed by Apple with the Southern District of New York this past August claims the government tipped the scales of justice in Amazon's favor.
"Amazon was the driving force behind the Government’s investigation, and it told a story to the Government that has yet to be scrutinized," read Apple's memo. "Amazon talked with the Government repeatedly throughout the investigation, even hosting a two-day meeting at its Seattle headquarters. In all, the Government met with at least fourteen Amazon employees—yet not once under oath."
Apple is one of three companies, including Penguin Group and MacMillan, set to face the DOJ in court next June. HarperCollins, Hachette, and Simon & Schuster have already reached settlement with the government.
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