• <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>Sotheby’s Books & Manuscripts<br>Marcel Proust – Collection Marie-Claude Mante<br>Auction Paris 24 May 2018</b>
    <b>Sotheby’s Paris, May 24:</b> Marc Chagall. <i>Daphnis & Chloé</i>. Paris, Tériade, 1961. 42 original lithographs. One of the 10 copies for the collaborators. 80,000-120,000 €
    <b>Sotheby’s Paris, May 24:</b> [Marcel Proust] — Gaston Gallimard. Very important letters to Marcel Proust. 1912-1922. 100,000-150,000 €
    <b>Sotheby’s Paris, May 24:</b> JESUITS. <i>Relation de ce qui s’est passé en la Nouvelle France en 1635</i> […] 1672. Period calf binding. Very rare set of letters about life in the French territories among warring Indian tribes. 12,000-18,000 €
    <b>Sotheby’s Books & Manuscripts<br>Marcel Proust – Collection Marie-Claude Mante<br>Auction Paris 24 May 2018</b>
    <b>Sotheby’s Paris, May 24:</b> Gustave Flaubert. <i>Madame Bovary</i>. Paris, Michel Lévy Frères, 1857. One of the few deluxe copies, with inscription to Adolphe Gaïffe and a letter. 30,000-50,000 €
    <b>Sotheby’s Paris, May 24:</b> A. von Humboldt. <i>Essai politique sur le Royaume de la Nouvelle Espagne.</i> Paris, 1811. Period binding. Complete with the large California/Mexico map. 10,000-15,000 €
    <b>Sotheby’s Paris, May 24:</b> [Affaire Dreyfus] — Georges Clemenceau. <i>Démosthène</i>. Paris, Plon-Nourrit et Cie, 1926. Exceptional copy with an inscription to Mathieu Dreyfus, Alfred Dreyfus’ brother. 8,000-<br>12,000 €
    <b>Sotheby’s Books & Manuscripts<br>Marcel Proust – Collection Marie-Claude Mante<br>Auction Paris 24 May 2018</b>
    <b>Sotheby’s Paris, May 24:</b> Guillaume Apollinaire. <i>Les trois Don Juan</i>. 1914. Unpublished inscription to Madeleine Pagès and 2 original drawings. 25,000-35,000 €
    <b>Sotheby’s Paris, May 24:</b> Marcel Duchamp. <i>L.H.O.O.Q. shaved</i>. [New York, 1965]. One of the 100 deluxe signed copies. With an autographed envelope. 15,000-20,000 €
    <b>Sotheby’s Paris, May 24:</b> Francis Bacon — Michel Leiris. <i>Miroir de la tauromachie</i>. [Paris], Daniel Lelong, [1990]. With 4 signed lithographs. 40,000-60,000 €
    <b>Sotheby’s Books & Manuscripts<br>Marcel Proust – Collection Marie-Claude Mante<br>Auction Paris 24 May 2018</b>
    <b>Sotheby’s Paris, May 24:</b> Gilbert & George. <i>The Red Sculpture Album</i>. [Londres, Gilbert & George], 1975. One of the 100 existing copies, signed by both of the artists, comprised of 11 original photographs. 10,000-15,000 €
    <b>Sotheby’s Paris, May 24:</b> Pablo Picasso — Honoré de Balzac. <i>Chef-d’œuvre inconnu</i>. Paris, Ambroise Vollard, 1931. One of the 65 deluxe copies on Japan paper, with an extra suite of the etchings. 35,000-<br>45,000 €
    <b>Sotheby’s Paris, May 24:</b> Marcel Proust. <i>Les Sources sur Loir</i>. Ca 1907-1908. Handwritten manuscript. Rough draft of one of the more beautiful passages of Swann’s Way. 30,000-50,000 €
  • <b>Archives International Auctions: U.S., Chinese & Worldwide Banknotes, Scripophily & Coins. May 23, 2018</b>
    <b>Archives International, May 23:</b> Chinese-American Bank of Commerce, 1920 "Harbin" Branch Issue Rarity. $5, P-S231s1, S/M#C271-3.5b, Specimen banknote. $25,000 to $35,000
    <b>Archives International, May 23:</b> Deutsch-Asiatische Bank, 1907 "Peking" Branch High Grade Rarity. 5 Taels, P-S280r S/M#T101-11b, Remainder Banknote. $17,000 to $22,000
    <b>Archives International, May 23:</b> Deutsch-Asiatische Bank, 1907, "Tsingtau" Branch Issue Rarity. $1, P-1a S/M#T101-40, Issued banknote. $8,000 to $16,000
    <b>Archives International Auctions: U.S., Chinese & Worldwide Banknotes, Scripophily & Coins. May 23, 2018</b>
    <b>Archives International, May 23:</b> Spanish American War - Three Per Cent Loan of 1898, $20 Bond. Issued and uncanceled. $6,000 to $10,000
    <b>Archives International, May 23:</b> Winnemucca, NV - $5 Ty. 1, The First NB of Winnemucca, Ch# 3575, Fr#1800-1. $3,000 to $5,000
    <b>Archives International, May 23:</b> National Banknote Assortment of Original 1st Charter, Plain Back and Date Back Issues. Lot of 6 notes, Includes Pennsylvania Nationals, First National Bank of Selins Grove, 1865, $1… $3,200 to $4,400
    <b>Archives International Auctions: U.S., Chinese & Worldwide Banknotes, Scripophily & Coins. May 23, 2018</b>
    <b>Archives International, May 23:</b> People's Bank of China, 1950 Issue Banknote. 50,000 Yuan, P-855 KYJ-C157a S/M#C282-, Issued banknote. $7,000 to $12,500
    <b>Archives International, May 23:</b> Pei-Yang Tientsin Bank, ND (ca.1910) Remainder Banknote. $3, P-S2527 S/M#P35-11. $5,000 to $7,000
    <b>Archives International, May 23:</b> Palestine Foundation Fund - Keren Hayesod Specimen Sacrifice Bond 1922. $1,000, Specimen Bond, "For the Up building of Palestine as a Homeland for the Jewish People". $1,500 to $2,500

Rare Book Monthly

Articles - April - 2016 Issue

Supreme Court Finally Puts an End to Long Running Apple-Amazon Price-Fixing Case

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U.S. Supreme Court brings an end to e-book price-fixing case.

After almost half a decade in court, the price-fixing case against Apple concerning cheap e-book prices has finally come to a conclusion. Apple is guilty as charged, they have to pay all settlements earlier reached with consumers, and accept a certain amount of monitoring of their behavior. The Supreme Court brought Apple's final appeal to a close in the quiet manner it frequently does with appeals. It simply declined to hear it.

 

This long-running case goes back to the early days of electronic books. Amazon cornered the retailing end of the e-book business by selling them cheaply, often at cost or even less. It made it impractical for others to enter the field. Amazon has long had a strategy of selling products very cheaply to corner a market, worrying about profits later.

 

Apple has no such give-away strategy, but wanted to sell e-books too. So, instead of matching Amazon's prices, it told several book publishers it would not sell their e-books unless they set retail prices at a higher level, rather than allowing their customers to set their own prices. This is legal, provided the publishers do not have an agreement among themselves all to set prices higher. That is price fixing, and this is what they did (they did not admit to it, but agreed to pay a hefty settlement). The question was whether Apple, as a retailer rather than another publisher, colluding with the publishers to set prices, also was guilty of price fixing.

 

That subtle difference is known as vertical rather than horizontal collusion. Horizontal means between equal players – in this case, fellow publishers. Vertical refers to different locations in the food chain - in this case, wholesaler versus retailer. Such collusion between horizontal players is automatically considered to be illegal price fixing. Lower courts had ruled in this case that such vertical collusion was automatically illegal too. Apple appealed based on other cases that indicated that in the case of alleged vertical collusion, a "rule of reason" must be used to determine whether this should be considered illegal. Apple has long maintained that their involvement was beneficial to competition, rather than harmful to it, because with higher prices, it made it possible for competitors to enter the field. They cited the fact that Amazon's share of the e-book market, once over 90%, has dropped to somewhere around 60%. E-books may be more expensive today, but by eliminating a virtual monopoly by Amazon, it prevents them from at some future date substantially raising prices to consumers as they are the only game in town.

 

Interestingly, some commentators believed Apple would win on appeal. The Appeals Court had upheld the District Court judgment against Apple on a 2-1 margin, with the dissenting judge citing the differences between vertical and horizontal collusion. They thought the Supreme Court would have a hard time ignoring those arguments. However, the Supreme Court acted as it frequently does. They get a great many appeals from the nine circuit courts, far more than they can handle. The result is they simply decline to take many of them on. They neither confirm nor reject the lower court decision, they simply allow it to stand. The Appeals Court verdict becomes the final verdict. So has it happened in this case between Apple and the Department of Justice, which brought this suit. It's over. The consumers who were alleged to have overpaid get their refunds, and Apple must pay for them. However, it should be noted that publishers may set the retail prices of their e-books wherever they like, should they so choose, as long as they do not conspire with each other to do so. Many now do set prices higher, meaning their prices are more than they were back in the day when Amazon controlled the market virtually alone.

Rare Book Monthly

  • <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> BEETHOVEN, LUDWIG VAN. Autograph Manuscript sketch-leaf part of the score of the Scottish Songs, "Sunset" Op. 108 no 2. [Vienna, February 1818]. Inscribed by Alexander Wheelock Thayer. SOLD for $131,250
    <b>Bonhams, Mar. 9:</b> Violin belonging to Albert Einstein, presented to him by Oscar H. Steger, 1933. SOLD for $516,500
    <b>Bonhams, Mar. 9:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("Papa") to his son Hans Albert, discussing his involvement with the atomic bomb, September 2, 1945. SOLD for $106,250
    <b>Bonhams: Results from Fine Books and Manuscripts on March 9, 2018</b>
    <b>Bonhams, Mar. 9:</b> HAMILTON, ALEXANDER. Autograph Letter Signed, to Baron von Steuben, with extensive notes of Von Steuben's aide Benjamin Walker, June 12, 1780. SOLD for $16,250
    <b>Bonhams, Mar. 9:</b> NEWTON, ISAAC. Autograph Manuscript in Latin, being detailed instructions on making the philosopher's stone. 8 pp. 1790s. SOLD for $275,000
    <b>Bonhams, Mar. 9:</b> 1869 Inauguration Bible of President Ulysses S. Grant. SOLD for $118,750
  • <b>Ketterer Kunst Hamburg: Rare Books Auction on May 28th</b>
    <b>Ketterer Rare Books, May 28:</b> Book of Hours. Workshop Vrelant, around 1460-70. Est: € 30,000
    <b>Ketterer Rare Books, May 28:</b> J. J. Marinoni, <i>De Astronomica specula,</i> 1745. Est: € 12,000
    <b>Ketterer Rare Books, May 28:</b> C. S. Lewis, <i>The Chronicles of Narnia,</i> 1950-56. Est: € 7,500
    <b>Ketterer Kunst Hamburg: Rare Books Auction on May 28th</b>
    <b>Ketterer Rare Books, May 28:</b> G. W. Knorr, <i>Regnum florae,</i> 1750. Est:<br>€ 15,000
    <b>Ketterer Rare Books, May 28:</b> A. M. S. Boethius, <i>De philosophico consolatu,</i> 1501. Est: € 8,000
    <b>Ketterer Rare Books, May 28:</b> J. Joyce, <i>Ulysses,</i> 1922. Est: € 5,000
    <b>Ketterer Kunst Hamburg: Rare Books Auction on May 28th</b>
    <b>Ketterer Rare Books, May 28:</b> Ornaments by H. Vogeler, 1900. Est:<br>€ 4,000
    <b>Ketterer Rare Books, May 28:</b> <i>Biblia Germanica,</i> 1490. Est: € 15,000
    <b>Ketterer Rare Books, May 28:</b> F. M. Regenfuss, <i>Auserlesne Schnecken und Muscheln,</i> 1758. Est: € 18,000
    <b>Ketterer Kunst Hamburg: Rare Books Auction on May 28th</b>
    <b>Ketterer Rare Books, May 28:</b> Einband Henry van de Velde, 1929. Est: € 4,000
    <b>Ketterer Rare Books, May 28:</b> <i>Hortus Sanitatis,</i> 1517. Est: € 12,000
    <b>Ketterer Rare Books, May 28:</b> R. Crevel and J. Miró, 1957. Est: € 3,500
  • <b>Swann Auction Galleries June 5:</b> Charles Addams, <i>Penguin Convention,</i> watercolor, cover for <i>The New Yorker,</i> 1977. $15,000 to $20,000.
    <b>Swann Auction Galleries June 5:</b> Ludwig Bemelmans, <i>Agreed! No whiskey anywhere is more deluxe than Walker's DeLuxe,</i> pen, ink & watercolor, 1957. $10,000 to $15,000.
    <b>Swann Auction Galleries June 5:</b> Charles Schulz, <i>Do you like Beethoven?,</i> pen & ink, 9-panel <i>Peanuts</i> comic, 1970. $20,000 to $30,000.
    <b>Swann Auction Galleries June 5:</b> Russell Tandy, <i>The Secret in the Old Attic,</i> watercolor & gouache, cover for <i>Nancy Drew,</i> 1944. $15,000 to $25,000.
    <b>Swann Auction Galleries June 5:</b> Arthur Rackham, <i>Danaë & the Infant Perseus,</i> watercolor, ink & wash, for Hawthorne's <i>A Wonder Book,</i> 1922. $10,000 to $15,000.
    <b>Swann Auction Galleries June 5:</b> Tom Lovell, <i>I believe in magic too,</i> oil on canvas, published in <i>Woman's Home Companion,</i> 1947. $7,000 to $10,000.
    <b>Swann Auction Galleries June 5:</b> Enoch Bolles, <i>With Love...,</i> watercolor & gouache, cover for <i>Wow!</i> magazine, 1931. $7,000 to $10,000.
    <b>Swann Auction Galleries June 5:</b><br>Rick Meyerowitz & Maira Kalman, <i>New Yorkistan,</i> pen, ink & watercolor sketch for a <i>New Yorker cover,</i> 2001. $10,000 to $15,000.
    <b>Swann Auction Galleries June 5:</b> Jessie Willcox Smith, <i>Touching,</i> watercolor for <i>The Five Senses</i> by Angela M. Keyes, 1911. $12,000 to $18,000.
    <b>Swann Auction Galleries June 5:</b> Edward Gorey, <i>ABA 75,</i> watercolor & ink, cover for <i>Publisher's Weekly,</i> 1975. $5,000 to $7,500.
    <b>Swann Auction Galleries June 5:</b> Aubrey Beardsley, <i>Shelter,</i> pen & ink, for <i>Bon-Mots,</i> 1892. $8,000 to $12,000.
    <b>Swann Auction Galleries June 5:</b> Tedd Arnold, <i>I think it was three days ago...,</i> colored pencil & watercolor, for <i>Parts,</i> 1996. $4,000 to $6,000.
  • <b>Chiswick Auctions: Modern First Editions, Illustrated Books & Limited Editions. May 30, 2018</b>
    <b>Chiswick Auctions, May 30:</b> Hammett (Dashiell). <i>The Maltese Falcon,</i> FIRST EDITION. A very good copy of this most influential detective fiction novel. £8,000 to £12,000
    <b>Chiswick Auctions, May 30:</b> Hemingway (Ernest). <i>In Our Time,</i> FIRST EDITION, NUMBER 137 OF 170 COPIES on Rives handmade paper. £15,000 to £18,000
    <b>Chiswick Auctions, May 30:</b> Hemingway (Ernest). <i>A Farewell to Arms,</i> FIRST EDITION, inscribed by the author to Mike Murphy, a Hemingway biographer and scholar. £4,000 to £6,000
    <b>Chiswick Auctions: Modern First Editions, Illustrated Books & Limited Editions. May 30, 2018</b>
    <b>Chiswick Auctions, May 30:</b> Kerouac (Jack). <i>On the Road,</i> FIRST EDITION, New York, Viking, 1957. £2,000 to £3,000
    <b>Chiswick Auctions, May 30:</b> Ransome (Arthur). <i>Swallows and Amazons,</i> FIRST EDITION, ownership inscription to half title. Only 2,000 copies of the first edition printed. £3,000 to £4,000
    <b>Chiswick Auctions, May 30:</b> Sewell (Anna). <i>Black Beauty: His Grooms and Companions. The Autobiography of a Horse. Translated from the original Equine,</i> FIRST EDITION, engraved frontispiece. £3,000 to £4,000
    <b>Chiswick Auctions: Modern First Editions, Illustrated Books & Limited Editions. May 30, 2018</b>
    <b>Chiswick Auctions, May 30:</b> Capa (Robert). <i>Omaha Beach D-Day, June 6th, 1944,</i> gelatine silver print, printed under the direct supervision of Cornell Capa, 40 x 50.5 cm. £3,000 to £5,000
    <b>Chiswick Auctions, May 30:</b> Cartier-Bresson (Henri). 'Loudres – Pilgrims Assemble', silver print, stamps and annotations on verso, very slight scratch, 170 x 240 mm, 1950. £2,000 to £3,000
    <b>Chiswick Auctions, May 30:</b> Carroll, Lewis [Dodgson, Charles Lutwidge]. <i>The Nursery Alice,</i> FIRST EDITION, a very rare inscribed, dedication copy. £8,000 to £10,000
    <b>Chiswick Auctions: Modern First Editions, Illustrated Books & Limited Editions. May 30, 2018</b>
    <b>Chiswick Auctions, May 30:</b> Potter (Beatrix). <i>The Tale of Peter Rabbit,</i> FIRST EDITION, FIRST PRINTING, limited to 250 copies [with] the FIRST PUBLISHED EDITION. £12,000 to £15,000
    <b>Chiswick Auctions, May 30:</b> Wells (H. G.). <i>War of the Worlds,</i> original Danish manuscript, the text written out in block script ink, with over 620 original drawings in ink and watercolour. £1,800 to £2,200
    <b>Chiswick Auctions, May 30:</b> Toulouse-Lautrec (Henri de).- Clemenceau (Georges). <i>Au Pied de Sinai,</i> NUMBER 104 OF 355 COPIES, with the suite of 10 lithographs by Henri de Toulouse-Lautrec in 2 states. £1,500 to £2,000
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. May 31, 2018</b>
    <b>Forum Auctions, May 31:</b> Simcoe (John Graves). Plan of the Province of Upper Canada with part of the Adjacent Countries, manuscript map… with numerous contemporary annotations. £6,000 to £8,000
    <b>Forum Auctions, May 31:</b> Ramusio (Giovanni Battista). <i>Delle Navigationi et Viaggi,</i> 3 vol., mixed edition, 3 double-page engraved maps and 7 folding woodcut maps, Venice, Giunti, 1613. £6,000 to £8,000
    <b>Forum Auctions, May 31:</b> Dickens (Charles). <i>A Christmas Carol,</i> first edition, first issue, Chapman & Hall, 1843. £6,000 to £8,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. May 31, 2018</b>
    <b>Forum Auctions, May 31:</b> Book of Hours. Hours of the Virgin [Use of Rome] in Latin, miniature illuminated manuscript on vellum with 6 full-page miniatures and 6 large initials with borders, Flanders, [2nd quarter of 15th century]. £6,000 to £8,000
    <b>Forum Auctions, May 31:</b> G.K. Chesterton archive. Collection of poems, drawings, letters and cards sent to Enid Simon, 1920s. £6,000 to £8,000
    <b>Forum Auctions, May 31:</b> Pasternak (Boris). <i>Doktor Zhivago</i> original typescript, 2 vol., with manuscript corrections and insertions by the author, the George Katkov copy, c.1956. £100,000 to £150,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. May 31, 2018</b>
    <b>Forum Auctions, May 31:</b> Tolkien (J.R.R.). <i>The Hobbit,</i> first edition, first impression, 1937. £20,000 to £30,000
    <b>Forum Auctions, May 31:</b> Milton (John). <i>Paradise Lost & Paradise Regain'd,</i> 2 vol., one of 10 copies printed on vellum, Cresset Press, 1931. £8,000 to £12,000
    <b>Forum Auctions, May 31:</b> Electricity and the vacuum.- Guericke (Otto von). <i>Experimenta nova (ut vocantur) Magdeburgica de Vacuo Spatio,</i> first edition; bound with <i>Philosophia Universa de Microcosmo</i>. £12,000 to £16,000
    <b>Forum Auctions, May 31:</b> [The Holy Land, Syria, Idumea, Arabia, Egypt & Nubia ...], vignette title and 42 plates from the deluxe subscriber's edition, 1842-1849 (43). £7,000 to £10,000

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