A federal appeals court ruled against Apple Tuesday, affirming that the company conspired with five publishers to increase e-book prices, Reuters reports. The 2-1 decision upheld a lower court ruling that the agreement that raised e-book prices to higher levels than those previously charged by Amazon violated antitrust laws. In his dissenting opinion, U.S. District Court Judge Dennis Jacobs said he would have reversed the ruling, holding that Apple’s behavior was pro-competitive in taking on “monopolist” Amazon, which controls about 90 percent of the e-book market.
Losing the appeal means Apple is on the hook for the previously determined $450 million settlement to resolve U.S. state and consumer claims from the case. The loss also means that Apple’s contentious relationship with its court-appointed antitrust monitor will continue. Neither Apple nor the Justice Department commented on the ruling.