Apple filed an appeal on Tuesday over the U.S. District Court ruling that found it colluded with publishers to fix prices for e-books. Apple requested either a reversal of the decision or a new trial with a new judge.
As seen in the appellate opening brief filed with the U.S. Court of Appeals for the Second Circuit, Apple is looking to overturn District Court Judge Denise Cote’s July 2013 ruling, which found the company culpable for colluding with five major book publishers to falsely inflate the cost of e-books sold through the iBookstore. The antitrust case was leveled by the Department of Justice in an amended complaint over two years ago.
Apple’s introductory statement raises new arguments into the case, while rehashing previous claims that the iBookstore did not stifle competition in the e-book marketplace, instead it created competition.
Apple went on to note Amazon’s dominant position in the e-book market. At the time of the iBookstore’s debut, the mail order retailer accounted for nine of every ten e-book sales. These statistics have been previously argued in front of Judge Cote during last year’s trial.
Apple argues that Judge Cote appealed incorrect legal standards when considering her decision, leading to a “false conclusion of a price-fixing conspiracy.”
Apple’s appeal of the E-Books ruling can be read in full below: