• <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant
  • <b>Daniel Crouch Rare Books</b><br>SAXTON, Christopher. <i>The Travellers Guide being the best Mapp of the Kingdom of England and Principality of Wales</i>. London, [1583, but c.1716].
    <b>Daniel Crouch Rare Books</b><br>VISSCHER, Claes Jansz. <i>Novissima et Accuratissima Leonis Belgici</i>. Amsterdam, Claes Jansz Visscher, [1611-1621 or later].
    <b>Daniel Crouch Rare Books</b> PTOLEMAEUS, Claudius. <i>Decima Asie Tabula</i>. Ulm, Lienhart Holle, 16 July 1482.
    <b>Daniel Crouch Rare Books</b><br>WIT, Frederick de, and Gerard VALK. <i>Orbis Terrarum Nova et Accurata Tabula</i>. Amsterdam, Gerard Valk, [c.1690-1700].
    <b>Daniel Crouch Rare Books</b><br>APIANUS, Petrus. <i>Astronomicum Caesareum</i>. Ingolstadt, Peter Apian, 1540.
    <b>Daniel Crouch Rare Books</b><br>CASSINI, Jean-Dominique. <i>Carte de la Lune</i>. Paris, Jean-Dominique Cassini, 1787.
    <b>Daniel Crouch Rare Books</b> PTOLEMAEUS, Claudius. <i>Geographicae enarrationis libri octo</i>. Argentoragi, 1525.
    <b>Daniel Crouch Rare Books</b><br>[SAXTON, Christopher]. <i> [An Atlas of England and Wales]</i>. [London, Christopher Saxton, 1579].
    <b>Daniel Crouch Rare Books</b> Commission des sciences et arts d'Egypte. <i>Description de l’Égypte</i>… Paris, Imprimerie impériale - Imprimerie royale, 1809-1828.
    <b>Daniel Crouch Rare Books</b> CHURCHMAN, John. <i>To George Washington President of the United States of America this Magnetic Atlas or Variation Chart is humbly inscribed by John Churchman</i>. Philadelphia, 1790.
    <b>Daniel Crouch Rare Books</b><br>APIANUS, Petrus. <i>Tipus Orbis Universalis</i>. Vienna, Johannes Camertius, 1520.
    <b>Daniel Crouch Rare Books</b><br>LORIOT, A[uguste], [after] Nicolas LANE. <i>[Pocket globe]</i>. London, 65 New Bond Street, 1809.
    <b>Daniel Crouch Rare Books</b><br>BLAEU, Johannes. <i>Grooten Atlas</i>. Amsterdam, Joan Blaeu, 1662-1665.
    <b>Daniel Crouch Rare Books</b><br>INGEBORG BRUN, Emmy. <i>Mars efter Lowell’s Glober 1894-1914</i>. Denmark, [c1915].
    <b>Daniel Crouch Rare Books</b><br>LUTHER, Martin. <i>Der vierde Teil aller Bücher vnd Schrifften des thewren seligen Mans</i>. Gedruckt zu Jhena, Durch Christian Rödinger, 1556.
  • <b>Lawbook Exchange:</b> Lawbook Exchange. Trials for Murder, Robbery, Burglary, Rapes, Sodomy... 4 vols. London, 1764. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> An Enquiry Concerning the Liberty, And Licentiousness of the Press. New York, 1801. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Tavern Licence Granted to John Swan by Mayor James Duane, 1789. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> First edition of Story's, Commentaries on the Constitution. 3 vols. Boston, 1833. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Manuscript Law Dictionary. Repertorium Universale, Amandola, Italy, c.1750. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Magna Carta. London, 1556. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Hemard. Code Civil, in an extraordinary binding. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Two Accounts of the Murder of Mr. John Hayes. London, 1726. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Robinson, Boardman. Mr Justice Precedent. 1914. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Five volumes of Italian Legal Code in miniature. Turin: Fratelli Bocca, 1901-1903. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Tartagni. Alexander de Imola in Prima(m) (et) Secunda(m)... Venice, 1514. In a contemporary chained binding. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Catalogue 85. Recently Acquired Books, Manuscripts & Ephemera
  • <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000

Rare Book Monthly

Articles - April - 2016 Issue

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

80ce88d9-fc95-4de7-b746-821cdbc9f4e3

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>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868
  • <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> Single leaf from a paper copy of the Gutenberg Bible, Mainz, 1455, in a copy of Newton's <i>A Noble Fragment</i>. $40,000 to $60,000.
    <b>Swann Auction Galleries, Mar 9:</b> Immanuel Kant, <i>Critik der reinen Vernunft</i>, first edition, Riga, 1781. $8,000 to $12,000.
    <b>Swann Auction Galleries, Mar 9:</b> Hans Holbein, <i>The Images of the Old Testament</i>, with 94 woodcut illustrations, first edition in English, Lyon, 1549. $10,000 to $15,000.
    <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> Samuel Johnson, <i>A Dictionary of the English Language</i>, first edition, London, 1755. $6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 9:</b><br>John Milton, <i>Paradise Lost</i>, first edition, London, 1668.<br>$6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 9:</b> Antonio de Guevara, <i>The Dial of Princes</i>, London, 1568.<br>$3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> <i>Oraciones de los SS. Mysterios Gloriosos y Dolorosos</i>, manuscript in Spanish, Brussels, 1676.<br>$3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 9:</b><br>Jan Nieuhoff, et al., <i>An Embassy from the East-India Company... to the Grand Tartar Cham, Emperour of China, </i>London, 1671. 4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 9:</b> Moses Maimonides, <i>Ha-Higayon... Logica</i>, first edition, Basel, 1527.<br>$800 to $1,200.
    <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> Petrus Berchorius, <i>Liber Bibliae moralis</i>, fourth edition of the first volume, Cologne, 1477.<br>$10,000 to $15,000.
    <b>Swann Auction Galleries, Mar 9:</b> Niccolò Machiavelli, <i>The Florentine Historie</i>, first edition in English, London, 1595. $3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 9:</b><br>Sir Philip Sidney, <i>The Countesse of Pembrokes Arcadia</i>, third edition, London, 1598. $3,000 to $5,000.

Article Search

Archived Articles

Ask Questions