DoJ compares Apple and publishers to big oil in e-books case

In its response to recent filings from Apple, publishers and booksellers on its proposed e-book settlement with three publishers, the Department of Justice addresses few specific complaints. Rather, citing the “unmistakable consumer harm that has resulted from the conspiracy in this case,” the DOJ calls on Judge Denise Cote to approve the settlement without a hearing.

The DOJ shoots down the argument that e-books are different from print books but doesn’t elaborate on why they are the same (and doesn’t respond to the criticism that it has failed to take interrelated markets, like those for e-readers, into account). Rather, it says, “Railroads, publishers, lawyers, construction engineers, health care providers, and oil companies are just some of the voices that have raised cries against ‘ruinous competition’ over the decades,” and publishers should not be granted special treatment.