E-Books Settlement Depends on Apple Appeals

Global Competition Review
June 17, 2014

Gregory Asciolla compares a recent Apple e-books settlement to an antitrust case involving drug company Abbott Laboratories

“It’s obviously not a standard type settlement, but I have seen it before,” said Labaton Sucharow partner and antitrust co-chair Gregory Asciolla.

In a 2008 case against Abbott Laboratories regarding the price manipulation of HIV drug Norvir, the Firm settled through a “spectrum” settlement, in which the compensation is determined by the outcome of appeals.

“I doubt it’s an all or nothing, it wouldn’t really make any sense,” Gregory remarked. “I would speculate it’s a range, similar to Norvir.”