FORTUNE -- In another context -- or another courthouse -- the remedies the Justice Department and 33 states proposed Friday to address what they call Apple's (AAPL) "illegal conduct" in the e-book market might seem like an unreasonable intrusion by a government agency into a private company's business practices.
Among other things, the DOJ is demanding that Apple let Amazon (AMZN) and Barnes & Noble (BKS) sell their e-books on Apple's online store for two years without paying the 30% commission Apple has charged pretty much every other content provider since it launched the iTunes Music Store in 2003.
The proposed remedy also ties Apple's hands in future negotiations, prohibiting the company from entering into agreements to sell any digital content -- e-books, music, movies, television shows etc. -- that are, in the eyes of a court-appointed monitor, likely to increase the prices at which Apple's competitors might sell that content.
Will the DOJ get what it wants?
The odds are good that it will. Although there will be a separate trial to determine damages, the decision is entirely in the hands of U.S. District Judge Denise Cote, the same judge who ruled against Apple in the original antitrust case.
Despite her promise at the start of that trial to view the case with fresh, unbiased eyes -- setting aside the evidence presented when she supervised settlements with the five so-called publisher co-defendants -- in the end she rejected all of Apple's defenses and issued a decision that might as well have been written by the government's lawyers.
Having covered that trial, I don't expect anything different from Judge Cote this time around. Apple's best chance for an impartial hearing is in the Second Circuit Court of Appeals or -- if it comes to that -- the U.S. Supreme Court.
See also: The view from the hard benches.
The outlines of each side's case were clearly laid in Monday's opening arguments.
FORTUNE -- The first rule of law, goes the old lawyers joke, is that if the facts are against you, you argue the law. The second rule is that if the law is against you, you argue the facts.
Based on each side's opening arguments on the first day of U.S.A. v. Apple, it's clear that the Department of MOREPhilip Elmer-DeWitt - Jun 4, 2013 8:06 AM ET
It doesn't start until June 3, but the judge is already working on a draft of her decision.
FORTUNE -- This does not bode well for Cupertino.
Asked during a preliminary hearing Thursday to share her thoughts about the Department of Justice's case against Apple (AAPL) in the long-awaited e-book antitrust trial, U.S. District Judge Denise Cote said this, according to Reuters:
"I believe that the government will be able to show at trial MOREPhilip Elmer-DeWitt - May 24, 2013 8:05 AM ET
In the DOJ's great e-book conspiracy, Apple is the sole defendant still standing.
FORTUNE -- The conspiracy case that the U.S. Department of Justice filed against Apple and five book publishers in April 2011 is finally coming to a head.
In the year that has passed, all five publishers have settled. Only Apple had the stomach -- or the wherewithal -- to take the case to trial.
It's scheduled to begin in a MOREPhilip Elmer-DeWitt - May 15, 2013 3:51 PM ET
More heavy-handed behavior from the book world's 500-pound gorilla
FORTUNE -- Publishers who have had to deal with Amazon's (AMZN) arrogant reps know first hand the contempt with which they hold folks in the business of printing books on paper.
Now that the company is in the media's spotlight following the Justice Department's ass-backwards antitrust suit, the rest of us are getting a taste for how the book world's 500-pound gorilla operates.
The MOREPhilip Elmer-DeWitt - Apr 30, 2012 12:44 PM ET
Why would a stock like Apple fall 10% just before quarterly earnings are due?
MONDAY 4:00 p.m. UPDATE: Throw another -4.15% on the barbie. One analyst called today's selloff "panic profit taking."
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I think it may be time once again to dust off Jason Schwarz' classic blog post: Apple: Seven Reasons Shorts Love It.
Apple's (AAPL) shares, in case you missed it, took a drubbing last week, falling $38.77 (6%) in MOREPhilip Elmer-DeWitt - Apr 16, 2012 7:40 AM ET
Cupertino breaks its silence, laying out its legal defense in four sentences
The company's response to US v. Apple Inc. et al., when it came Thursday evening, was as succinct and carefully crafted as any Apple (AAPL) marketing slogan.
What the Department of Justice characterized as a "per se violation" of the Sherman Antitrust Act, Apple is going to paint as an act of liberation.
We got our copy the company's four-sentence response to MOREPhilip Elmer-DeWitt - Apr 13, 2012 6:13 AM ET
The settlement the Justice Department is seeking could shutter the iBookstore
Reuters and Bloomberg have both reported -- citing a pair of unnamed sources -- that Apple (AAPL) and one or two major publishers are preparing to get sued for antitrust violations, perhaps as early as today.
Three of the five publishers accused of colluding with Apple to fix the prices of e-books have reportedly accepted deals offered by the European Commission and MOREPhilip Elmer-DeWitt - Apr 11, 2012 7:12 AM ET
With partners, developers, competitors and maybe some regulatory agencies
One of Apple's (AAPL) weaknesses as a company -- as even Steve Jobs will admit -- is that it isn't a particularly good neighbor. Like its co-founder and CEO, it can be secretive, prickly and quick to take offense. Witness, for example, the 121 pending lawsuits that list Apple as a plaintiff or defendant.
So it's unusual and sort of refreshing to see MOREPhilip Elmer-DeWitt - Sep 19, 2010 8:27 AM ET
No longer an industry underdog, the company must tread more carefully, says an analyst
In a note to clients issued Tuesday, Barclays Capital's Ben Reitzes has added his voice to the chorus of commentators with free advice for Apple's (AAPL) executive team, now that it's caught the eye of federal regulators.
The Federal Trade Commission has reportedly won the toss and is looking into two possible antitrust issues: Adobe's (ADBE) complaint MOREPhilip Elmer-DeWitt - Jun 15, 2010 11:12 AM ET
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