• <center><b> The Library of Pierre Bergé<br>Auction Pierre Bergé & Associés<br>in association with Sotheby’s<br>Paris-Hôtel Drout<br>December 14, 2018<br><br>New York Exhibition<br>Oct. 16 to Oct. 20</b>
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> BARTHOLOMEUS ANGLICUS. <i>Le Proprietaire des choses.</i> Lyon, [circa 1484]. 150 000 / 200 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONTAIGNE, Michel de. <i>Essais.</i> Bordeaux, 1580. 400 000 / 500 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> PROUST, Marcel. <i>Du côté de chez Swann.</i> Paris, 1914 [1913]. 600 000 / 800 000 €
    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONSTRELET, Enguerrand de. <i>Le Premier [-Tiers] Volume des Cronicques.</i> Paris, circa 1503.<br>300 000 / 400 000 €
  • <b>Swann Auction Galleries Nov 8:</b> Kurt Vonnegut, archive of 12 letters, signed to his family, 6 illustrated, 1930s-40s. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Allen Ginsberg, 11 autograph manuscripts, including 10 drafts of poems & a page of notes, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Joan Miró, illustrated autograph note signed to MoMA Director of Exhibitions & Publications, 1959. $6,000 to $9,000.
    <b>Swann Auction Galleries Nov 8:</b> Carl Gustav Jung, typed letter signed to a colleague, 1948. $3,000 to $4,000.
    <b>Swann Auction Galleries Nov 8:</b> Gustav Mahler, ALS, arranging a meeting during his historic visit to New York, circa 1908. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Mark Twain, ALS, explaining the target of his new book, 1902. $3,000 to $4,000.
    <b>Swann Auction Galleries Nov 8:</b> Charles Dickens, ALS, accepting an invitation in the voice of a <i>Martin Chuzzlewit</i> character, 1843. $4,000 to $6,000.
    <b>Swann Auction Galleries Nov 8:</b> Jacob Lawrence, illustrated greeting card signed, 1960. $2,000 to $3,000.
    <b>Swann Auction Galleries Nov 8:</b> Robert E. Lee, ALS, to the colonel of the Kanawha Valley volunteers, boosting morale, 1861. $15,000 to $25,000
  • <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> SHACKLETON, Ernest Henry, Sir. <i>Aurora Australis. Printed at the Winter Quarters of the British Antarctic Expedition, 1907, During the Winter Months of April, May, June, July, 1908.</i> $60,000 to $80,000
    <b>Leslie Hindman, Oct 31:</b> HUMBOLDT, Alexander von, and Aime J. A. BONPLAND. <i>Vues des Cordillères, et monumens des peuples indigènes de l'Amérique.</i> Paris, 1810. $30,000 to $40,000
    <b>Leslie Hindman, Oct 31:</b> COOK, James, Captain. [Collected Voyages]. London: Strahan and Cadell, 1773, 1777, 1784. First editions of the second and third voyages. $20,000 to $30,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> DARWIN, Charles. <i>A Narrative of the Surveying Voyages of His Majesty's Ships Adventure and Beagle, between the years 1826 and 1836.</i> $20,000 to $30,000
    <b>Leslie Hindman, Oct 31:</b> SPILBERGEN, Joris van (1568-1620). <i>Speculum orientalis occidentalisque Indiae navigationum.</i> Leiden: Nicolaus van Geelkercken, 1619. $20,000 to $30,000
    <b>Leslie Hindman, Oct 31:</b> DRAKE, Francis, Sir. <i>Sir Francis Drake Revived. Who is or may be a Pattern to stirre up all Heroicke and active Spirits of these Times…</i> London, 1653 [i.e. 1652]. $10,000 to $15,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> SHACKLETON, Ernest Henry, Sir, Louis C. BERNACCHI, and Apsley George Benet CHERRY-GARRARD, editors. The South Polar Times. London, 1907-1914. $10,000 to $15,000
    <b>Leslie Hindman, Oct 31:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740...</i> 1744. London: John and Paul Knapton for the author, 1748. $8,000 to $12,000
    <b>Leslie Hindman, Oct 31:</b> HERRERA Y TORDESILLAS, Antonio de. <i>Description des Indes Occidentales, Qu'on appelle aujourdhuy Le Nouveau Monde...</i> Amsterdam: Michel Colin, 1622. $8,000 to $12,000
    <b>Leslie Hindman Auctioneers: The Adventure & Exploration Library of Steve Fossett. October 31, 2018</b>
    <b>Leslie Hindman, Oct 31:</b> NOORT, Olivier van. <i>Description du Penible Voyage fait entour de l'univers ou globe terrestre...</i> Amsterdam: Cornille Nicolas, 1610. $5,000 to $7,000
    <b>Leslie Hindman, Oct 31:</b> LEO AFRICANUS, Johannes. <i>A Geographical Historie of Africa, Written in Arabicke and Italian.</i> London: George Bishop, 1600. $4,000 to $6,000
    <b>Leslie Hindman, Oct 31:</b> SCHOUTEN, Willem Corneliszoon. <i>Journal ou Description du Merveilleux Voyage de Guillaume Schouten, Hollandois natif de Hoorn, fait es années 1615, 1616, & 1617.</i> 1619. $4,000 to $6,000
  • <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Aegidius Sadeler (Flemish, 1570-1629), engraving on laid paper "Madonna and Child in a Landscape", after a drawing by Albrecht Durer. $800 to $1,200
    <b>William Bunch Auctions, Oct. 29:</b> Anders Zorn (Swedish, 1860-1920), drypoint etching on paper "On Hemso Island", 1917, pencil signed. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Joseph Pennell (American, 1860-1926), etching on paper "Setting Up Columns", pencil signed. $200 to $300
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> William Lee Hankey (British, 1869-1952), drypoint etching on paper "Affection", pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> William Walcot (English, 1874-1943), drypoint etching on paper "Lower Broadway, New York", 1924, pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> Auguste Brouet (French, 1872-1941), color etching "La Pirouette", pencil signed, ed 111/250. $400 to $600
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Thomas Hart Benton (American, 1889-1975), lithograph on paper "The Boy", pencil signed. $2,000 to $3,000
    <b>William Bunch Auctions, Oct. 29:</b> John Stockton de Martelly (American, 1903-1979), lithograph on paper "Looking at the Sunshine", pencil signed, original AAA certificate. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Jacques Hnizdovsky (Ukrainian-American, 1915-1985), woodcut on paper "Moppet", pencil signed and dated 1965, ed 118/250. $400 to $600

Rare Book Monthly

Articles - May - 2012 Issue

Department of Justice Sues Apple, Five Book Publishers

Dojapple

The Department of Justice sued Apple and five publishers for price fixing e-books.

The long rumored lawsuit by the U.S. Department of Justice against the world's most valuable company, Apple, and five book publishers for conspiracy to fix prices, was finally filed last month. The basic claim is that the companies conspired to force Amazon to raise its prices on electronic books. As a result, books that generally were being sold for $9.99 each had their prices raised to $12.99 or $14.99.

When Amazon began offering e-books in 2007, it offered them at a price substantially lower than printed copies. Their $9.99 price left the company little room for profit. Sometimes, the price resulted in a loss. However, Amazon was more concerned with building a business than making a short-term profit. The low book prices helped spur sales of its e-book reader, the Kindle, and made Amazon the overwhelming choice for those who purchased e-books. Amazon held an estimated 90% of the market.

According to the Department of Justice complaint, the five publishers (Hachette, HarperCollins, MacMillan, Penguin, and Simon & Schuster) “feared that lower retail prices for e-books might lead eventually to lower wholesale prices for e-books, lower prices for print books, and other consequences the publishers hoped to avoid.” Each feared consumers would come to expect a $9.99 price point, and wanted to disabuse them of such expectations as soon as possible. However, they “concluded that unilateral efforts to move Amazon away from its practice of offering low retail prices would not work, and they thereafter conspired to raise retail e-book prices and to otherwise limit competition in the sale of e-books.”

Just as the publishers were facing this price conundrum, Apple let it be known that it would be releasing its tablet computer, the iPad, which doubles as an electronic reader, and was considering selling e-books too. According to the complaint, Apple believed it could “trounce Amazon by opening up its own e-book store.” However, Apple was not looking for loss leaders or low margin businesses. Anyone who has ever purchased an Apple product realizes this. So, when Apple and the publishers discussed the former's interest in selling their e-books, “Apple learned that the Publisher Defendants shared a common objective with Apple to limit e-book retail price competition.” The parties also realized that the publishers wanted the price of e-books to be substantially higher than $9.99. As a result of these discussion, the DOJ continues, “Defendants reached an agreement whereby retail price competition would cease, retail e-book prices would increase significantly, and Apple would be guaranteed a 30% 'commission' on each e-book it sold.”

The DOJ then claims the parties, to effectuate their price fixing conspiracy, changed the model by which electronic books were sold. Instead of the “wholesale model,” by which publishers sold their e-books at a wholesale price, and the retailers sold them for whatever they wished, the publishers adopted an “agency model.” Under this model, the retailers acted as “agents” for the publishers. The publishers set the price, and their “agents,” the retailers, all had to sell their books for the same set price. There would be no price competition. The retailers would receive a fixed percentage commission on each e-book they sold. The publishers would get their wish – higher retail prices for e-books – and Apple would have its demand fulfilled, that no one would be permitted to undercut their retail price. Apple bought into this plan, according to the complaint, knowing it “would result in higher prices to consumers.”

The complaint concludes that once the publishers reached their agency agreement with Apple, the publishers limited price competition among themselves, and e-books that previously sold for $9.99 now sold for $12.99 and $14.99. As a result, consumers have been forced “to pay tens of millions of dollars more for e-books than they otherwise would have paid.” The DOJ asked the court to declare this practice illegal and prevent further “injury to consumers” by the parties.

The DOJ cites numerous meetings and telephone conversations by the publishers, both among themselves and with Apple, during which the scheme was allegedly hatched. Within a three day period in January 2010, all five publishers signed agreements with Apple, and the agency agreements all went into effect on the same day, April 3, 2010, the release date of the iPad.

When Macmillan led the way in enforcing the agency model on Amazon, the latter responded by discontinuing the sale of their books. However, when the other four backed up Macmillan with the same terms, the complaint says Amazon was forced to back down. The five represented almost half of Amazon's e-book business. The publishers had succeeded in enforcing the terms of its agreement with Apple on Amazon. Amazon had to raise prices to consumers.

Almost immediately after filing the claim, the Department of Justice announced that three of the publishers – Hachette, HarperCollins, and Simon & Schuster – had reached a settlement with them. The settlement would require terminating their agreements with Apple and refraining from further limiting the prices at which retailers may sell their e-books. However, Apple and the other two publishers have indicated they plan to fight the charges. Apple described the charges as “simply not true,” and says, to the contrary, they have “broken Amazon's monopolistic grip” on the e-book field. It compared the publishers' setting the prices on their iBookstore to “apps” developers setting their prices on Apple's App Store.

Meanwhile, the parties are facing litigation in several other venues. Fifteen states have reportedly already reached an agreement with the three publishers which will require a substantial cash payment from them. A private class action suit may affect residents of other states. The European Commission is investigating the claims, and reportedly has received settlement offers from Apple and four of the publishers (Penguin being the lone holdout). A class action suit has been brought in Canada, and Australia is reportedly considering action.

Rare Book Monthly

  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Bonhams: Sale Results from <i>Exploration and Travel, Featuring Americana, Part I.</i> September 25, 2018</b>
    <b>Bonhams, Sep. 25 results:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. Sold for $97,500
    <b>Bonhams, Sep. 25 results:</b> Shackleton, Ernest. <i>South Polar Times.</i> 1st edition, limited issue. from the library of Michael Barne. Sold for $25,000
    <b>Bonhams, Sep. 25 results:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. Sold for $87,50
    <b>Bonhams: Sale Results from <i>Exploration and Travel, Featuring Americana, Part I.</i> September 25, 2018</b>
    <b>Bonhams, Sep. 25 results:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. Sold for $8,750
    <b>Bonhams, Sep. 25 results:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. Sold for $37,500
    <b>Bonhams, Sep. 25 results:</b> Lewis, Meriwether. Contemporary manuscript true copy of his final power of attorney, 1809. Sold for $7,500
    <b>Bonhams, Sep. 25 results:</b> <i>A New Method of Macarony Making, as Practiced at Boston in North America.</i> Mezzotint. London, 1774. Sold for $6,875
    <b>Bonhams, Sep. 25 results:</b> <i>Scientific Base Ball Pitching: A Treatise on the Pitcher, Pitching, Origin and Philosophy of the Curve.</i> Chicago, 1897. Sold for $3,750

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