Penguin Group, one of several defendants in a massive antitrust class action brought by purchasers of e-books, has failed to convince a federal judge that the plaintiffs’ claims should be heard in arbitration. Southern District Judge Denise Cote (See Profile) on June 28 denied Penguin’s motion to compel arbitration in the case, in which the plaintiffs claim that Penguin and four other publishers conspired to keep the prices of their e-books artificially high.
Penguin argued that online retailers Amazon.com and Barnes & Noble had mandatory arbitration clauses in their standard purchasing agreements. The purchasers countered that would make it financially impossible for each plaintiff to pursue arbitration claims against Penguin.
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