Apple e-books price-fixing $12M class action settlement

Updates:

• The Ontario court approved the settlement and distribution protocol March 7, 2023.
• The required approval hearing in Québec is being scheduled. 

• The final hearing in Ontario has been continued to Jan. 13, 2023.

Apple agreed to pay $12 million to resolve claims that it conspired with book publishers to increase and fix the price of e-books sold in Canada.

The settlement benefits Canadians who purchased e-books between April 1, 2010, and March 10, 2017. 

Consumers can purchase e-books through iTunes’ Apple Books section. Book publishers such as HarperCollins, Penguin Random House and more also offer e-book purchasing options.

According to an antitrust class action lawsuit, Apple worked with several book publishers to artificially raise and fix the price of e-books. Book publishers included in the class action lawsuit are Hachette Book Group, HarperCollins, Macmillan Publishers, Penguin Random House and Simon & Schuster. 

As a result of the agreement between these companies, plaintiffs and other e-book purchasers were allegedly forced to pay a higher price for the electronic books than they would have in a fair market. Additionally, the publishers allegedly expanded this conspiracy by prohibiting independent retailers from offering discounts on e-books.

Apple hasn’t admitted any wrongdoing but agreed to a $12 million class action settlement to resolve these allegations. In 2014, publishers agreed to a $3.175 million settlement to resolve these allegations. The publisher’s settlement has been held in trust until distributions are made.

Under the terms of the Apple e-books settlements, class members could receive compensation based on the amount they spent on e-books on iTunes or other e-book platforms. 

Payments may be credits or direct monetary distributions. Exact payments will vary depending on the number of participating class members and other factors, with each class member receiving a proportional share of the net settlement fund.

In addition to agreeing to these class action settlements, defendants in the case reportedly agreed to consent agreements with the Canadian Commissioner of Competition. 

The deadline for exclusion is Nov. 11, 2022. 

The court will hold final approval hearings on Nov. 30, 2022, in Ontario and on Dec. 14, 2022, for Quebec.

No claim form currently available. However, a claim deadline may be added after the settlement is approved by the courts. Class members can check here and on the settlement website for future updates about the claims process.

Who’s Eligible

The settlement benefits Canadians who purchased e-books between April 1, 2010, and March 10, 2017.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Exclusion Deadline

11/11/2022

Case Name

Nancy Jean Adams v. Apple Inc., et al., Court File No. CV-16-24156, commenced in the Superior Court of Justice for Ontario, Windsor Registry

Final Hearing

1/13/2023 in Ontario
12/14/2022 in Quebec

Settlement Website

eBooksCanadianSettlement.ca

Claims Administrator

Epiq Class Action Services Canada Inc.
Attention: eBooks Canadian Price Fixing Class Action Settlement Claims Administrator
P.O. Box 507 STN B
Ottawa ON K1P 5P6
info@eBooksCanadianSettlement.ca

Class Counsel

Heather Rumble Peterson
STROSBERG SASSO SUTTS LLP

Luciana Brasil
BRANCH MACMASTER LLP

Eli Karp
MORGANTI & CO PC

Normand Painchaud
SYLVESTRE PAINCHAUD ET ASSOCIÉS SENCRL

Defense Counsel

J Thomas Curry
Paul-Erik Veel
LENCZNER SLAGHT