The Second Circuit, 2-1, has upheld a finding that Apple violated antitrust laws with its e-book pricing, Fortune's Philip Elmer-DeWitt reports.
The majority found that the Sherman Antitrust Act was violated if a conspiracy results in higher prices to consumers--no matter other factors, he notes. Dissenting Judge Dennis Jacobs argued that market conditions like competitor Amazon's e-book monpoly and Apple's status as a book distibutor should be considered.
Philip Elmer-DeWitt notes that Apple can either seek en banc review by the Second Circuit or seek the slender chance it will be granted certiorari by the Supreme Court.
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