The company file a memo with the Southern District of New York stating that the settlement, which would force it to tear up its contracts with publishers, is "fundamentally unfair, unlawful, and unprecedented." Since Apple isn't settling it says it is entitled to a trial.
"Apple is taking a bold stance by ignoring the Judge's admonition to the parties not to oppose the settlement, other than submitting comments," attorney and RoyaltyShare CEO Bob Kohn, who is seeking permission to file an amicus brief in the case, told PaidContent. "Apple makes a good point that the proposed settlement terminates Apple's agency contracts without a trial and that would be an unprecedented violation of Apple's right to due process."
The DOJ reached a settlement with HarperCollins, Hachette and Simon & Schuster in an investigation that alleges Apple and publishers conspired to fix the prices of electronic books.
"The Government is seeking to impose a remedy on Apple before there has been any finding of an antitrust violation," says Apple. They note that this case revolves around "an alleged conspiracy to force Amazon to adopt agency" thus a settlement "enjoining collusion or precluding publishers from forcing agency on Amazon would be appropriate".