Kaye Scholer played a key role in obtaining the dismissal of a putative class action brought in the US District Court for the Southern District of New York against Amazon.com and major publishers of electronic books.
In The Bookhouse of Stuyvesant Plaza, et al. v. Amazon.com et al., three independent booksellers alleged that Amazon and the five biggest publishing houses in the United States, including Kaye Scholer client Penguin Random House LLC, had conspired to prevent retail booksellers from selling electronic books by agreeing to use digital rights management software proprietary to Amazon that prevents Kindle owners from purchasing electronic books from sources other than Amazon. The plaintiffs asserted claims for unlawful restraint of trade under Sector 1 of the Sherman Act against all of the defendants, and claims for monopolization and attempted monopolization under Section 2 of the Sherman Act against Amazon.
Kaye Scholer Partner Saul Morgenstern led the motion to dismiss on behalf of the publishers, which he argued in April 2013. On December 6, 2013, US District Judge Jed S. Rakoff rejected the plaintiffs’ allegations and dismissed all claims with prejudice.
In addition to Morgenstern, the Kaye Scholer team representing Penguin Random House included Associates Amanda Croushore and Alice Huling.
Also of Interest
- Benchmark Litigation Recognizes Kaye Scholer Practices and Partners Nationwide October 24, 2016 • Recognitions
- Winning the War: Strategies for Prevailing in Consumer Fraud and False Advertising... October 17, 2016 • Articles
- GIR 100 Names Kaye Scholer a World Leader in Cross-Border Investigations October 10, 2016 • Recognitions
- Antitrust Jurisprudence in the Second Circuit October 1, 2016 • Articles
- And Now A Word From The Panel: 3 Alternatives To MDLs September 28, 2016 • Articles
- Kaye Scholer Represents Investors in Volkswagen Diesel Emissions Litigation September 28, 2016 • Client Successes
- NLJ Names Shores as Antitrust Trailblazer September 27, 2016 • Recognitions
- Morgenstern, Patterson Assess Second Circuit’s Antitrust Legacy in Fordham Law Review September 19, 2016 • Articles
- Druckenbrodt Quoted in Bloomberg on Volkswagen Dieselgate September 14, 2016 • Media Mentions