Rare Book Monthly

Articles - July - 2010 Issue

Amazon's Demand for "Price Parity" Has Dealers in an Uproar

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Of course, booksellers can simply say "no" and quit Amazon. However, for many, for whom Amazon is a large if not majority part of their business, this may not be a practical solution. They may not be able to survive.

We will leave it for others to decide the ethics of this case. From a strictly legal standpoint, I would bet on Amazon. I am not terribly familiar with European law, but government regulation appears more popular on that side of the Atlantic than in America, so perhaps these booksellers will fare better than I would expect. In America, I see this as a very long shot.

This is not a monopoly case, even if Amazon is a market leader, and even though they also own AbeBooks (which has not instituted such a policy, at least yet). There are still major competitors such as Alibris, Biblio, and eBay, dealers can have their own sites and submit them to Google shopping, and there are still brick and mortar stores. No one is going to be calling for Amazon to be broken up.

It might be argued that this is one of those price maintenance cases, where a manufacturer tries to enforce minimum (or maximum) selling prices for their goods. Usually it's a minimum price, and the manufacturer fears that a discounter selling at a low margin will drive its other retailers out of business. However, while such price fixing was illegal for a century, in 2007 the the U.S. Supreme Court voted 5-4 to overturn the 1911 decision making such demands illegal. Now, these claims are to be considered on a case-by-case basis, following a "rule of reason." Don't look to the Court to find Amazon's reasoning unreasonable. Even if you believe their main purpose is to stifle competition, a court is more likely to accept Amazon's explanation.

Ultimately, this one will have to be resolved by the market, though there may be some heartaches along the way. Nevertheless, if Amazon's fees force prices to be set unnecessarily high, some dealers will offer lower prices on other channels. Some will be new or non-Amazon dealers, others will be ones who migrate from Amazon. If dealers can sell elsewhere for less, some will, and customers will become aware. This move could yet backfire, strengthening rather than destroying Amazon's competitors. Amazon is a mass of "good will," but not much else. They are not the only game in town. Buyers will move in a heartbeat for a better price. If Amazon's fees and demands are unrealistic, sellers will in time find a cheaper way to sell.

Rare Book Monthly

  • <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> <i>Keep Calm and Carry On</i>, designer unknown, 1939. $12,000 to $18,000.
    <b>Swann Auction Galleries Aug 2:</b> Théophile-Alexandre Steinlen, <i>Le Journal / La Traite des Blanches</i>, 1899. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 2:</b> <i>"Let Us Go Forward Together,"</i> designer unknown, 1940. $2,000 to $3,000.
    <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> Henri de Toulouse-Lautrec, <i>Babylone d'Allemagne</i>, 1894. $20,000 to $30,000.
    <b>Swann Auction Galleries Aug 2:</b> Frank Beatty, <i>Out of the Running</i>, 1929. $2,000 to $3,000.
    <b>Swann Auction Galleries Aug 2:</b> James Montgomery Flagg, <i>Wake Up America Day</i>, 1917. $4,000 to $6,000.
    <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> <i>Danté / Sim • Sala • Bim!</i>, designer unknown. $12,000 to $18,000.
    <b>Swann Auction Galleries Aug 2:</b> Alphonse Mucha, <i>[Zodiac]</i>, 1900. $12,000 to $18,000.
    <b>Swann Auction Galleries Aug 2:</b> Rick Griffin, <i>Jimi Hendrix Experience / John Mayall</i>, 1968. $8,000 to $12,000.
    <b>Swann Auction Galleries Aug 2: Vintage Posters</b>
    <b>Swann Auction Galleries Aug 2:</b> Abram Games, <i>Join the ATS</i>, 1941. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 2:</b> Aldo Mazza, <i>Torino / Esposizione Internazionale</i>, 1911. $3,000 to $4,000.
    <b>Swann Auction Galleries Aug 2:</b> Robert Motherwell, <i>Julliard School / Dedication - Lincoln Center</i>, 1969. $3,000 to $4,000
  • <b>Bonhams, inviting consignments for Sep 27:</b> Newton. <i>Philosophiae naturalis principia mathematica</i>. London, 1687.
    <b>Bonhams, inviting consignments for Sep 27:</b> Josephus. <i>De antiquitate Judaica.</i> Lubeck, 1475-76.
    <b>Bonhams, inviting consignments for Sep 27:</b> Carlerius. <i>Sporta fragmentorum, Sportula fragmentorum</i>. Brussels, 1478-79.
    <b>Bonhams, inviting consignments for Sep 27:</b> Fridolin. <i>Der Schatzbehalter</i>. Nuremberg, 1491.
    <b>Bonhams, inviting consignments for Sep 27:</b> Pinder. <i>Der beschlossen gart des rosenkrantz marie</i>. Nuremberg, 1505.
    <b>Bonhams, inviting consignments for Sep 27:</b> Isidorus Hispalensis. <i>Synonyma de Homine</i>. Nuremberg, 1470-71.
    <b>Bonhams, inviting consignments for Sep 27:</b> Durer. Sammelband including <i>Underweysung der messing</i>. Nuremberg, 1525-29.
  • <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> John Muir. <i>My First Summer in the Sierra</i>, Boston, 1911.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Ernest Hemingway. <i>For Whom the Bell Tolls</i>, New York, 1940. First edition later printing.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Upton Sinclair. <i>The Jungle</i>, New York, 1906. First edition.
    <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> George Orwell. <i>Nineteen Eighty-Four</i>, 1949. First American edition.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Harper Lee. <i>To Kill a Mocking Bird</i>, 1960. Early printing.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Richard Wright. <i>Native Son</i>, New York, 1940. First edition.
    <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Dryden, Congreve, and others. <i>Ovid’s Art of Love</i>, London, 1764. English translation of Ovid’s work.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> S. E. Hinton. <i>The Outsiders</i>, New York, 1967. First edition.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> J. D. Salinger. <i>The Catcher in the Rye</i>, Boston, 1951. Book club edition.
    <b>Booth & Williams: NO RESERVE Rare Book Auction, now through July 23, 7:15PM EDT</b>
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Ayn Rand. <i>Atlas Shrugged</i>, New York, 1957. Early printing.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> J. D. Salinger. <i>Raise High The Roof Beam, Carpenters</i> and <i>Seymour: An Introduction</i>, Boston, 1963. First [book] edition, third state.
    <b>Booth & Williams No Reserve Sale until Jul 23:</b> Tennessee Williams. <i>Sweet Bird of Youth</i>, 1959. First edition.
  • <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
    <b>TO AKABA! T.E. Lawrence and the Arab Revolt. Books, manuscripts and pictures. On exhibition 16 to 24th July at Maggs' new premises 48 Bedford Square.</b>
  • <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Exodus 10:10 to 16:15. Complete Biblical scroll sheet in Hebrew, a Torah scroll panel. Middle East, ca. 10th or 11th century.
    <b>19th Century Shop:</b> Copernicus Refuted. (Astronomy.). Scientific manuscript of a course of studies at Collège de la Trinité, Lyon. 1660s.
    <b>19th Century Shop:</b> Israel’s War of Independence and the Early Days of the IDF. 58 photographs presented to Israel Ber, IDF officer and later convicted spy.
    <b>19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop:</b> Early Unpublished Darwin letter on the races of man. Autograph Letter Signed [to Henry Denny]. Down, Kent, June 1, [1844].
    <b>19th Century Shop:</b> Classic Image of American Slavery. Kimball, M. H. <i>Emancipated Slaves</i>. New York: George Hanks, 1863.
    <b>19th Century Shop:</b> (Underground Railroad.) Scaggs, Isaac. Important Runaway Slave Poster: $500 Reward Ran away, or decoyed from the subscriber…

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