FMQB: A new class action lawsuit has
been filed in federal court accusing major labels of fixing prices for
music downloads and CDs. San Diego lawyer William Lerach
filed the suit on behalf of 11 plaintiffs who purchased music online or
on CDs, and on behalf anyone who has "paid inflated prices" for music.
The suit claims that Sony BMG, Universal Music, Time Warner, Bertelsmann and EMI
fought together to keep the online music market from emerging, and then
conspired to fix and maintain music prices once digital services
became inevitable.
Lerach's suit also alleges collusive
agreements between labels, saying that record companies force online
music retailers to sign most favored nation agreements that specify
the retailers must pay each of the labels the same amount. The suit
also says the labels tried to shut down Napster
at the same time that they were introducing their own joint ventures to
sell online music. MusicNet and Pressplay
were not serious commercial ventures, but rather attempts to occupy
the market with frustrating and ineffectual services in order to head
off viable online music competitors from forming and gaining popularity
after Napsters demise, says the suit.