Macmillan and Penguin have agreed to pay $95 million to customers who purchased E-books published by any of the five Publishers. $93.21 million of this fund will be used to pay eligible non-Minnesota customers and $1.79 million will be used to pay eligible Minnesota customers. Although the total fund will be distributed if the Court approves the Settlements, Minnesota residents will be subject to different conditions than other consumers and are encouraged to review the detailed notice for Minnesota-only residents by selecting the Minnesota link found on the Settlement Website at www.EbookAGSettlements.com or by calling 1-866-621-4153.
Plaintiffs worked with expert economists who estimated that the total amount of damages caused by Macmillan and Penguin is approximately $80.64 million. The Settlements equal $95 million, which is approximately 118% of the dates estimated by Plaintiffs' expert for these two publishers. Macmillan and Penguin believe that damages, if any, were substantially smaller than the amount calculated by Plaintiffs.
In comparison, the total amount paid under the Prior Settlements, which were finalized last year, is approximately 51% of the damages Plaintiffs estimated to be caused by those three settling publishers (Hachette, HarperCollins, and Simon & Schuster).
If you bought one or more E-books that are included in the Settlements, you will be eligible for a credit or check representing part of your puchase price for each qualifying E-book.
The Settlements also include agreements by Macmillan and Penguin to:
- End certain agreements relating to the sale of E-books that were entered into prior to April 11, 2012;
- Not place restrictions on retailers’ ability to offer discounts on E-books for two years;
- Not share sensitive competitive information with other publishers for five years;
- Comply with antitrust laws and requirements, including the Department of Justice’s Final Judgment in a federal case about the same matters at issue in these lawsuits;
- Train appropriate people in their companies about antitrust laws and regulations; and
- Comply with other related orders of the Court regarding antitrust issues or anticompetitive conduct.
The Settlements also provide for payment to Class Counsel for attorneys’ fees and expenses and payment for attorney fees, expenses and other payments to the Attorneys General. Funds to pay these amounts do not come out of the money that will be used to pay consumers.
The lawsuits against Apple continue. Your rights against Apple in the lawsuitsare not affected by any action you take in these Settlements. You do not need to exclude yourself from these Settlements to retain your rights against Apple.