The U.S. Department of Justice’s antitrust litigation for e-book pricing is moving forward on June 3 with Penguin in the defendant’s seat alongside Apple, despite Penguin’s settlement with the DoJ last December. Yesterday Judge Denise L. Cote signed an order denying Penguin’s request to sit out the case.
The judge sided with Texas Attorney General Greg Abbott, who wrote to the court earlier this week that Penguin’s assumption that it wouldn’t have to participate is “unjustified. . . . The parties will, first and foremost, present evidence on issues of the remaining defendants’ liability; the only aspects of the States’ case not to be tried on June 3 relate to monetary relief.”
Penguin has the option to file a motion by March 15 to assert its right not to defend against the lawsuit brought by plaintiff States at the June 3 trial and/or to request to hear live direct testimony of two Penguin executives. In the meantime, it must supply its initial witness list by Friday. The list had originally been due on February 15.
In related preceedings, Judge Cote also denied Apple’s challenge to Amazon’s invocation of attorney-client privilege.