March 02, 2020

#31 Why the Pushback? Understanding the Policy Challenges to the eBooks Enforcement Case.

The United States v. Apple “eBooks” case was very strong in doctrinal terms—it involved a horizontal price-fixing cartel with overwhelming evidence proving the conspiracy and the harm it caused, and to antitrust lawyers it was a case that the government couldn’t lose. If it is true that Americans believe in markets and competition, then the case should have had strong support. But to the broader public it was not an easy case at all, and Apple and the publishing company defendants found supporters all across the political spectrum. Chris Sagers, distinguished professor and author of United States v. Apple: Competition Policy in America, joins us in taking a closer look at the eBooks case and the public’s perception of the role of antitrust laws.

Listen to the episode


Christopher L. Sagers // James A. Thomas Distinguished Professor of Law // Cleveland State University

Related Links:

Chris Sagers, United States v. Apple: Competition in America (Harvard University Press, Sept. 17, 2019)

United States v. Apple, Inc., 952 F. Supp. 2d 638 (S.D.N.Y 2013)

United States v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015)

More from our guest, Chris Sagers

Hosted by:

John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP