United States v. Apple (e-books) (2013)
The U.S. Department of Justice sued Apple and five publishers, alleging they conspired to raise e-book prices. Apple's contracts with publishers included most-favored-nation clauses that guaranteed Apple the lowest retail price.
Judge Denise Cote ruled in 2013 that Apple had orchestrated a price-fixing conspiracy. Apple appealed and lost; the Supreme Court declined to hear the case in 2016.
Apple paid a $450 million settlement. The case established that most-favored-nation clauses can be evidence of anticompetitive coordination, not just standard contract terms.
Korea's commission reached a similar conclusion: price-parity clauses used by dominant platforms can produce collusion-like effects even without direct communication between competitors.
