Apple has had a series of dates with the Department of Justice, chaperoned by the States of Texas and Connecticut, inside courtrooms over the past two years due to the antitrust case that was filed against the Cupertino-based company.
After the United States Court of Appeals for the Second Circuit upheld the 160-page resolution, dated July 10, 2013, signed by Judge Denise Cote of the District Court for the Southern District of New York, which stated that Apple Inc. is guilty of conspiring with five major publishing firms to control e-book prices and thus, restrained trade "in violation of Section one of the Sherman Act", the 39-year-old company now looks to the Supreme Court to review the case.
The Court of Appeals decided to affirm the district court's decision on June 30, 2015. As follows, Apple should file a petition for the Supreme Court to review the case on or before Sept. 28, 2015.
However, in a letter addressed to the Supreme Court, dated Sept. 16, 2015, Apple requested a 30-day extension in filing its petition for writ of certiorari in the aforementioned case. If granted, the company will have until Oct. 28, 2015.
The letter cites the other "pressing" matters that Apple's legal counsel will have to deal with during the weeks leading to and after the deadline. Throughout the letter, Apple also set several premises on why the Supreme Court must review the case.
The company insisted on its innocence, wrote justifications of its actions and questioned the resolution. Apple also argues that had the appeal arisen in the Third Circuit and not the in Second Circuit, it would have been assessed under the rule of reason.
"This case presents issues of surpassing importance to the United States economy," Apple specifies in the letter. "Dynamic, disruptive entry into new or stagnant markets - the lifeblood of American economic growth - often requires the very type of vertical contracting and conduct that the Second Circuit's rule condemn."
On the premise that the Supreme Court decides to review the Apple's petitioned case, should the court decide to uphold previous rulings, Apple will have no choice but to pay $450 million as stated in the approved settlement agreement. The company will also have to function under the limits, prohibitions, monitoring and provisions stated in the Final Judgment and Ordering Entering Permanent Injunctions, which was issued by the District Court for the Southern District of New York and signed by Judge Cote.
Photo: Joe Gratz | Flickr
