If Apple or Amazon are found to have lied in their statements I think they could be in serious legal trouble with both their customers but also (sadly, more importantly) their stock holders.
It's worth noting that Apple and Amazon can't lie about their business without opening themselves up to potential criminal liability under securities laws. [1]
That means Apple and Amazon are more credible in this case, unless there is some super secret NatSec exception to securities law that we don't know about.
[1] Specifically, SEC Rule 14a-9 in conjunction with Section 32(a) of the Exchange Act.
The fact that Apple and Amazon are willing to go on the record adamantly denying it is more than just a gag order. That’s a serious breach of both SEC rules and public trust if it turns out they’re lying.
The negative PR from a false accusation would be expensive. On top of the judgement itself, and you know that Apple has deep enough pockets that someone will be looking for a big score.
I wonder what punishing action the judge would take. Apple is one of the largest US companies and a national icon. I don't think the company could be fined privately because its books are public. Fining them publicly would only raise additional attention.
I think that would definitely make a case for an anti-slapp case against apple if they did that. Trying to buy, then suing already seems to make it look like a slapp suit.
I'm sure Apple could be held responsible. What I don't know is if attempting to collude to distort the market is illegal or just actually making such an agreement. As the answer was no are Apple technically in the clear?
reply