Frequently asked questions (FAQS)

1. What is this class action about? (back to top)

Class action lawsuits were commenced in Ontario, British Columbia and Quebec (“Actions”) against the defendants Apple Inc., Apple Canada Inc. (together, “Apple”) and Hachette Book Group Canada Ltd, Hachette Book Group Inc., HarperCollins Canada Limited, HarperCollins Publishers LLC, Macmillan Publishers, Inc., Penguin Group (USA) LLC (now Penguin Random House LLC), Penguin Canada Books, Inc. (now Penguin Random House Canada Limited), and Simon & Schuster Canada, a division of CBS Canada Holdings Co. (the “Publishers”) alleging they conspired to fix, maintain, increase or control the price of eBooks sold by them in Canada, contrary to Part VI of the Competition Act, the common law and the Civil Code of Quebec (the “Alleged Conspiracy”). 

The Actions allege that, because of the Alleged Conspiracy, the price of eBooks sold in Canada between April 1, 2010, and March 10, 2017, were artificially high, and seek reimbursement of the alleged overcharges.

A settlement agreement has been reached with Apple (the “Proposed Settlement”) that will conclude the Actions if approved by the Courts. Settlement benefits include payment of $12,000,000 CAD (the “Settlement Proceeds”) by Apple.

The hearing in Ontario was completed on January 13, 2023. The judge reserved his decision and will deliver written reasons in the following weeks.

The date for the Quebec hearing will be set once the Ontario Court has rendered its decision. Please check our website for further information.

2. Who are the proposed Settlement Class Members? (back to top)

All persons in Canada who purchased eBooks in Canada between April 1, 2010 and March 10, 2017 except those who opt out of the Actions, the Defendants and certain related parties.

3. What is the Publisher’s Settlement? (back to top)

A settlement agreement was reached previously with the Publishers in September 2014 (the “Publishers’ Settlement”). The Publishers’ Settlement was approved by the Courts in November 2014. Its benefits include a payment of $3,175,000 CAD (the “Publishers’ Settlement Proceeds”), the net amount of which has been kept in trust for the benefit of Settlement Class Members.

4. What is the Proposed Settlement? (back to top)

A settlement agreement has now been reached with Apple. Settlement benefits include payment of $12,000,000 CAD (the “Settlement Proceeds”) by Apple. The Proposed Settlement must be approved by the Ontario and Quebec Courts (the “Approval Courts”) to become effective.

5. When will approval of the Proposed Settlement be sought? (back to top)

The hearing in Ontario was completed on January 13, 2023. The judge reserved his decision and will deliver written reasons in the following weeks.

The date for the Quebec hearing will be set once the Ontario Court has rendered its decision. Please check our website for further information.

6. What happens if the Proposed Settlement is approved? (back to top)

If the Proposed Settlement is approved, it will affect all persons in Canada who purchased eBooks in Canada between April 1, 2010 and March 10, 2017, except those who opt out of the Actions (“Settlement Class Members”). Under the Proposed Settlement, Settlement Class Members RELEASE Apple and the Publishers from claims regarding the purchase of eBooks in Canada between April 1, 2010 and March 10, 2017.    

If the Proposed Settlement is approved the net Publishers Settlement Proceeds and the net Settlement Proceeds from the Proposed Settlement will be combined (the “Total Net Settlement Amount”) and distributed by means of a Distribution Protocol approved by the Approval Courts.

If the Proposed Settlement is approved and you did not opt-out, you are automatically included in the Settlement Class (if you qualify), and you will be legally bound by all orders and judgments of the Approval Courts.

If the Approval Courts approve the Proposed Settlement, more information will be provided on this website about how to submit a claim for compensation.

7. How will the settlement monies be distributed? (back to top)

The Courts are also asked to approve a Distribution Protocol to govern how the Total Net Settlement Amount gets paid out to Settlement Class Members or for their benefit. The proposed Distribution Protocol is found under the Documents tab on this website. Because of the high cost of a settlement administration and distributing funds and the relatively small payment per Eligible eBook, not all Settlement Class Members will be eligible to receive settlement benefits under the proposed distribution. Please be sure to read the Distribution Protocol carefully to learn how these funds will be distributed.

8. When can I submit a claim for compensation? (back to top)

If you want to participate in the Actions and benefit from this Proposed Settlement if approved, you do not need to do anything at this time.

If the Approval Courts approve the settlement, more information will be provided on this website about how to submit a claim for compensation.

9. What if I want to object to the Proposed Settlement? (back to top)

To object to the Proposed Settlement, you can write to Class Counsel, or make your objection during the Settlement Approval Hearings. Please do not write directly to the presiding judges or the Approval Courts. Written objections received will be provided to the Approval Courts by Class Counsel. The Approval Courts cannot change the terms of the Proposed Settlement, they can only approve it or not.

10. What if I want to opt-out of the Proposed Settlement? (back to top)

If you do NOT want to participate in the Proposed Settlement, you MUST exclude yourself by completing and sending an Opt-Out Request Form to the Claims Administrator by no later than November 11, 2022 (the “Opt-Out Deadline”).

Opt-Out Request Forms are available here or from Class Counsel. If you opt out, you will keep any right to bring your own lawsuit but will not receive the benefit of this Proposed Settlement. Please note, if you do opt out, limitation periods that may bar your claim will begin to run again. If you do not opt out of the Actions by the Opt-Out Deadline, you will be bound by the Proposed Settlement if it is approved by the Approval Courts and will not be able to opt out of the Actions in the future.

11. Do I have a lawyer in the case? (back to top)

Yes. See below contact information for Class Counsel:

For British Columbia residents:

For Quebec residents:

For all others:

12. How will the lawyers get paid? (back to top)

You do not need to pay any money to participate in this Settlement. The Plaintiffs/Petitioners entered into contingency agreements with Class Counsel providing for payment of up to 1/3 of amounts recovered in the Actions and reimbursement of disbursements incurred to prosecute the Actions. Class Counsel will be asking the Approval Courts to approve fees of 25% of the Settlement Proceeds in the Proposed Settlement, plus disbursements they have incurred in the Actions, plus applicable taxes. The Approval Courts will determine the amount to be paid to Class Counsel from the Settlement Proceeds.

13. Where can I get more information on this case? (back to top)

For more information about the Proposed Settlement, you may contact Class Counsel at the information below or consult the settlement agreement available here.