United States v. Apple, Inc.

I respectfully dissent.

This appeal is taken by Apple Inc. from a judgment in the United States District Court for the Southern District of New York (Cote, J.), awarding an antitrust injunction in favor of the United States-, 31 states, the District of Columbia, and the Commonwealth of Puerto Rico. The plaintiffs’ claims are premised on Apple’s conduct as a prospective retailer of e-books. I vote to reverse.

I have no quarrel with the district court’s conscientious findings of fact; I. affirmatively rely on them, and cite them throughout. The 156 pages of findings track communications and…