Official website: www.eBooksCanadianSettlement.ca
Branch MacMaster LLP is co-counsel in class actions concerning eBooks purchased in Canada commenced on February 23, 2012 and September 22, 2016 against Apple Inc. and Apple Canada Inc. (“Apple”), Hachette Book Group Canada Ltd., Hachette Book Group, Inc., HarperCollins Canada Limited, HarperCollins Publishers, LLC., Macmillan Publishers, Inc., Penguin Group (USA), LLC (formerly Penguin Group (USA) Inc.), Penguin Canada Book, Inc., Simon & Schuster Canada, Inc. a division of CBS Canada Holdings Co. (the “Publishers”). Companion actions were also commenced in Ontario and Québec, permitting the actions to be prosecuted nationally.
The class actions allege that from April 1, 2010 the price of eBooks sold in Canada was artificially high because Apple and the Publishers conspired to fix, maintain, increase or control the price at which eBooks were sold in Canada and worldwide contrary to Part VI of the Competition Act, the common law and the Civil Code of Quebec.
National class action settlements valued at CDN $15.175 million reached with defendants Hachette, Harper Collins, Macmillan, Penguin and Simon & Schuster, Publishers of eBooks distributed in Canada, (the “Publishers’ Settlement”) and Apple Inc. and Apple Canada Inc. (the “Apple Settlement”) for the benefit of persons who purchased Eligible eBooks in Canada between April 1, 2010 and March 10, 2017 (the “Settlement Class Members”) were approved by the Courts in Ontario and Quebec.
WHAT’S NEXT?
A Court-appointed Claims Administrator will oversee the distribution of funds to eligible Settlement Class Members. Some individuals may automatically qualify for compensation based on purchase data provided by cooperating retailers, while others will need to submit a claim by September 23, 2024.
Entitlement to receive proceeds will be determined based on various factors including the number of Eligible eBooks purchased and account activity with retailers iTunes, Kobo, Google, Amazon or Sony.
Eligible eBooks are eBooks published or distributed by Hachette, Harper Collins, Macmillan, Penguin and Simon & Schuster purchased in Canada between April 1, 2010 and March 10, 2017. eBooks published or distributed by Penguin Random House Canada Limited after December 31, 2014 are not included.
WHAT DO PEOPLE NEED TO DO?
Some Settlement Class Members may have received a notice by email from Notice@eBooksCanadianSettlement.ca about the Settlements. The email will indicate a person’s eligibility based on the records that have been provided to assist with the settlement implementation process. If the email says a person is eligible for compensation, they do not need to do anything else other than to monitor their iTunes Account or Kobo Account.
Settlement Class Members who did not receive the notice by email, will need to submit a claim electronically. You may submit a claim at the following link: https://www.ebookscanadiansettlement.ca/en/claim. Claims need to be submitted no later than September 23, 2024 in order to be considered for payment. If you do nothing before the claims process ends on September 23, 2024, and you were required to submit a claim, you will not receive any money.
To view how the distribution proceeds will be distributed to Settlement Class Members and to know if you need to submit a claim click here. Credits and payments will be issued after the claims process ends and individual entitlements are calculated by the Claims Administrator, which is estimated to be after November 2024.
MORE INFORMATION
Branch MacMaster LLP is cooperating with a national consortium of counsel to prosecute companion actions nationally, including Sutts Strosberg LLP and Andrew Morganti (Ontario) and Sylvestre Fafard Painchaud (Quebec). For more information about the Settlements, the Distribution Protocol, the claims process and the timing of payments or to submit a claim if you are required to do so, please visit www.eBooksCanadianSettlement.ca or contact the Claims Administrator toll-free at 1-833-398-1863 between 9 am and 5 pm Eastern Time, except on holidays.
Important Documents:
- Notice and Administration Order – Ontario
- Settlement Approval Order – Ontario
- Distribution Protocol
- Notice of Approval of Settlement
- Settlement Agreement as amended
- Settlement Approval Judgment – Quebec
For more information, please contact Jacqueline Palef by email at jpalef@branmac.com.