This case was last updated from PACER on 04/23/2021 at 10:14:47 (UTC).

Lerner v. Amazon.com, Inc. et al

Case Summary

 

On February 22, 2021, Cecily Lerner (“Plaintiff”), represented by Gregory Bradley Linkh of Glancy Prongay & Murray LLP and Jeffrey J. Corrigan of Spector Roseman & Kodroff, P.C., filed an antitrust class action lawsuit against Amazon.com, Inc. (“Amazon”), HarperCollins Publishers L.L.C. (“HarperCollins”); Simon & Schuster, Inc. (“Simon & Schuster”); Macmillan Publishing Group, LLC (“Macmillan”); Hachette Book Group (“Hachette”); and Penguin Random House LLC (“Penguin”) (collectively as the “Big Five” and together with Amazon, “Defendants”), seeking damages with prejudgment and post judgment interests for alleged violations of antitrust laws, including the anticompetitive agreement and Amazon’s monopolization of eBooks retail distribution. This case was filed in U.S. District Court in the Southern District of New York with Judge Debra C. Freeman and Judge Gregory H. Woods presiding.

 

Plaintiff filed this complaint individually and on behalf of the class that includes all persons who, on or after February 22, 2017, purchased one or more eBooks sold by the Big Five through any retail e-commerce channel in the United States other than Amazon.com.

 

The Plaintiff alleged that “Defendants agreed to restrain competition by controlling the prices paid for eBooks purchased from the Big Five through retail platforms other than Amazon.com. This caused Plaintiff and the Class (defined below) to overpay for eBooks. Defendants’ agreement is an unreasonable restraint of trade that prevents competitive pricing and causes Plaintiff and other consumers to overpay when they purchase eBooks from the Big Five through an eBook retailer that competes with Amazon.”

 

Plaintiff further alleged that “Amazon has obtained monopoly power in the U.S. retail trade eBook market, where it accounts for 90% of all eBook sales. Through its conspiracy with the Big Five, Defendant Amazon has willfully acquired its monopoly power in the U.S. retail trade eBook market through anticompetitive conduct, fixing the retail prices of trade eBooks and causing supracompetitive prices for eBooks sold by or through Amazon’s eBook retailer rivals. Such conduct is an abuse of monopoly power in violation of Section 2 of the Sherman Act.”

 

There are two causes of action laid down by the Plaintiff. The first cause of action relates to the violation of Section 1 of the Sherman Antitrust Act wherein the Plaintiff claims that there is no legitimate, pro-competitive business justification for Defendants’ anticompetitive agreements or any justification that outweighs their harmful effect. The second cause of action is for the violation of Section 2 of the Sherman Antitrust Act for conspiring to monopolize the U.S. retail market for trade eBooks. In furtherance of the two claims laid down by the Plaintiff, it has been alleged that Plaintiff and Class members have been injured and will continue to be injured in their businesses and property by paying more for the Big Five’s eBooks than they would have paid or would pay in the future in the absence of Defendants’ unlawful acts.



In its prayer for relief, the Plaintiff requested the court to maintain the class action under Rules 23(a), (b)(2), and (b)(3) of the Federal Rules of Civil Procedure and to pass an order for treble damages with prejudgment and post post judgment interests with an equitable relief requiring that Defendants to cease the abusive, unlawful, and anti- competitive practices as alleged in the complaint and the costs of suit, including reasonable attorneys’ fees.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01561

  • Filing Date:

    02/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Referral Judge

Debra C. Freeman

Presiding Judge

Gregory H. Woods

 

Party Details

Plaintiff

Cecily Lerner

Defendants

Amazon.com, Inc.

HarperCollins Publishers L.L.C.

Macmillan Publishing Group, LLC

Hachette Book Group

Simon & Schuster, Inc.

Penguin Random House LLC

Interested Parties

Mary Christopherson-Juve

Michael Wilder

Sandra Wilde

Denise DeLeon

Shannon Fremgen

Attorney/Law Firm Details

Plaintiff Attorneys

Jeffrey J. Corrigan

Attorney at Spector Roseman & Kodroff, P.C.

2001 Market Street, Suite 3420

Philadelphia, PA 19103

Gregory Bradley Linkh

Attorney at Glancy Prongay & Murray LLP

77 Water Street, 7Th Floor

New York, NY 10005

Defendant Attorneys

Charles Scott Lent

Attorney at Arnold & Porter Kaye Scholer LLP (NYC)

250 West 55Th Street

New York, NY 10019

Joel M. Mitnick

Attorney at Cadwalader Wickersham & Taft LLP

200 Liberty Street

New York, NY 10281

Robert Michael Swenson

Attorney at Weil, Gotshal & Manges LLP (NYC)

767 Fifth Avenue

New York, NY 10153

Jeffrey Leonard White

Attorney at Weil, Gotshal & Manges, LLP

1300 Eye St. Nw

Washington, DC 20005

Yehudah Lev Buchweitz

Attorney at Weil, Gotshal & Manges LLP (NYC)

767 Fifth Avenue

New York, NY 10153

Margaret Anne Rogers

Attorney at Arnold & Porter Kaye Scholer LLP (NYC)

250 West 55Th Street

New York, NY 10019

Saul P Morgenstern

Attorney at Arnold & Porter Kaye Scholer LLP

250 West 55Th Street

New York, NY 10019

Interested Party Attorney

Steve W. Berman

Attorney at Hagens Berman Sobol Shapiro LLP (Seattle)

1301 Second Ave., Suite 2000

Seattle, WA 98101

 

Court Documents

#36

#34

#33

#32

#31

#30

#29

#28

#53

#9

#8

#7

#5

#4

#3

#2

#1

23 More Documents Available
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Docket Entries

  • 04/15/2021
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  • Docket(#36) ORDER granting #18 Motion to Appoint Counsel. The Court concludes that Hagens Berman Sobol Shapiro LLP (Hagens Berman) should be appointed, and is hereby appointed, interim lead counsel in these matters. The Court concludes that such appointment will aid in achieving efficiency and economy in what is likely to be expensive and complicated litigation, and that such appointment will enhance fairness to all parties concerned, as well as the proposed classes. (As further set forth herein). The Clerk of Court is directed to terminate the following motions: Case No. 1:21- cv-351-GHW-DCF, Dkt. No. 34; Case No. 1:21-cv-00615-GHW-DCF, Dkt. No. 16; Case No. 1:21-cv-01369-GHW-DCF, Dkt. No. 25; Case No. 1:21-cv-00421-GHW-DCF, Dkt. No. 12; Case No. 1:21-cv-01561-GHW-DCF, Dkt. No. 18; Case No. 1:21-cv-01256-GHW-DCF, Dkt. No. 18; Case No. 1:21-cv-01130-GHW-DCF, Dkt. No 16. (Signed by Judge Gregory H. Woods on 4/15/2021) (nb) (Entered: 04/15/2021)

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  • 03/08/2021
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  • Docket(#35) ORDER: While Hagens Berman's request for appointment is currently unopposed, the Court wishes to provide an opportunity for interested persons to state their objection, if any, to such appointment. Accordingly, is HEREBY ORDERED that any opposition to the appointment of Hagens Berman as interim lead counsel in the above-captioned actions shall be due no later than seven days after the entry of this order; any reply to such opposition shall be due no later than four days after the filing and service of the opposition. (Signed by Judge Gregory H. Woods on 3/8/2021) (mro) (Entered: 03/10/2021)

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  • 03/08/2021
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  • Docket(#34) ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Gregory H. Woods on 3/8/2021) (jca) (Entered: 03/08/2021)

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  • 03/08/2021
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  • Docket(#33) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Georg von Holtzbrinck GmbH & Co. KG for Macmillan Publishing Group, LLC. Document filed by Macmillan Publishing Group, LLC..(Mitnick, Joel) (Entered: 03/08/2021)

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  • 03/08/2021
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  • Docket(#32) NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of Macmillan Publishing Group, LLC..(Mitnick, Joel) (Entered: 03/08/2021)

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  • 03/04/2021
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  • Docket(#31) NOTICE OF APPEARANCE by Robert Michael Swenson on behalf of Simon & Schuster, Inc...(Swenson, Robert) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#30) NOTICE OF APPEARANCE by Jeffrey Leonard White on behalf of Simon & Schuster, Inc...(White, Jeffrey) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#29) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate ViacomCBS Inc., Other Affiliate National Amusements, Inc. for Simon & Schuster, Inc.. Document filed by Simon & Schuster, Inc...(Buchweitz, Yehudah) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#28) NOTICE OF APPEARANCE by Yehudah Lev Buchweitz on behalf of Simon & Schuster, Inc...(Buchweitz, Yehudah) (Entered: 03/04/2021)

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  • 03/03/2021
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  • Docket(#27) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bertelsmann SE & Co. KGaA for Penguin Random House LLC. Document filed by Penguin Random House LLC..(Morgenstern, Saul) (Entered: 03/03/2021)

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24 More Docket Entries
  • 02/23/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Bradley Linkh. The following case opening statistical information was erroneously selected/entered: Class Action code n (No Class Action Alleged); County code Albany;. The following correction(s) have been made to your case entry: the Class Action code has been modified to y (Class Action Alleged); the County code has been modified to XX Out of State;. (jgo) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#9) STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-00351. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#8) REQUEST FOR ISSUANCE OF SUMMONS as to Simon & Schuster, Inc., re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS as to Penguin Random House LLC, re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS as to Macmillan Publishing Group, LLC, re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Harpercollins Publishers L.L.C., re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Hachette Book Group, re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Amazon.com, Inc., re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#2) CIVIL COVER SHEET filed..(Linkh, Gregory) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#1) COMPLAINT against Amazon.com, Inc., Hachette Book Group, HarperCollins Publishers L.L.C., Macmillan Publishing Group, LLC, Penguin Random House LLC, Simon & Schuster, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24025371)Document filed by Cecily Lerner..(Linkh, Gregory) (Entered: 02/22/2021)

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