Practical Considerations in the Wake of the Apple Decision: How to Handle MFNs Going Forward

Reprinted with permission from Bloomberg BNA. 

In a highly anticipated decision, Judge Denise L. Cote of the Southern District of New York found that five major book publishers ‘‘conspired with each other to eliminate retail price competition and raise e-book prices, and that Apple played a central role in facilitating and executing that conspiracy.’’ United States v. Apple Inc., No. 12 Civ. 2826, 2013 WL 3454986 (S.D.N.Y. July 10, 2013).