Judge voices concern over Apple's $450M e

U.S. District Court Judge Denise Cote on Thursday said she is concerned about the terms of Apple's settlement with a class of consumers due hundreds of millions of dollars over e-book price fixing, claiming certain provisions could allow reduce the amount of money paid out to plaintiffs.

According to in-court reports from Reuters, Judge Cote takes issue with a particular clause that would require Apple to only pay $70 million if her earlier decision is overturned by an appeals court and sent back down for reevaluation. Alternatively, if Apple is ultimately exonerated, the company pays nothing.

The jurist went on to question the fairness of such a decrease in monetary damages, noting an appellate court could feasibly send the case back on a minor issue. That Apple would not be forced to pay interest on said damages during appeals proceedings was also a bone of contention for Judge Cote.

In a July 2013 ruling, Judge Cote found Apple guilty of colluding with five major book publishers to inflate the prices of e-books sold through the iBookstore. The U.S. Department of Justice presented the antitrust case against Apple that ultimately brought an injunction barring the company from entering any similar arrangement with other parties.

Apple settled the case with 33 U.S. states and territories last week for a maximum of $450 million, with $400 million going directly to consumers affected by the iBookstore's e-book pricing. Plaintiffs originally sought up to $840 million.

The settlement is still contingent on Judge Cote's ratification, but if she does not affirm the agreed upon terms, damages draw down to $50 million for consumers and $20 million for attorney fees.