• <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> O'Fihely, Maurice Abp. <i>Questiones subtilissme Scoti in metaphysicam Aristotelis</i>, Venice (Octavianus Scoti) 20th November 1497. 8,000 to 12,000 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Pococke (Richard). <i>A Description of the East and some other Countries,</i> 3 vols. in 2, L. (W. Bowyer) 1743. 2,250 to 3,500 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Keogh (John). <i>Botanalogia Universalis Hibernica, or A General Irish Herbal Calculated for this Kingdom, giving an account of the Herbs, Scrubs…</i>, Corke (George Harrison) 1735. 1,000 to 1,500 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Perry (Charles). <i>A View of the Levant particularly of Constantinople, Syria, Egypt and Greece,</i> L. (T. Woodward) 1743. 800 to 1,200 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Shaw (Thomas). <i>Travels, or Observations Relating to Several Parts of Barbary and the Levant,</i>, Oxford (The Theatre) 1738. 600 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (Nicholas) Bishop of Ferns] Attributed, <i>Recit Exact et Fidele de la Vente et Partage du Roiaume d'Irlande Fait Sous Charles II…,</i> Milan (Chez Charles Joseph Quinto) 1724. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (V. Rev.Dr. Nicholas, Bp of Ferns.)] <i>The Unkinde Desertor of Loyall Men and True Frinds,</i> 12mo, n.p. 1676. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Yeats (W.B.) <i>Plays and Controversies,</i>, N.Y. (The MacMillan Company) 1924, Signed Limited Edn. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Barrie (J.M.) & Thomson (Hugh) illus. <i>Quality Street, a Comedy in Four Acts,</i> L. (Hodder and Stoughton) 1901, Limited Edition, signed by the artist. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Molyneaux (William). <i>The Case of Ireland's being bound by Acts of Parliament in England Stated,</i> [London 1719]. 200 to 300 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Johnston's (W. & A.) Map of South Africa, to illustrate the Military Operations 1900. 100 to 150 €
  • <b>Swann Auction Galleries July 16:</b><br>N.C. Wyeth, <i>The Black Arrow,</i> oil on canvas, for the book by Robert Louis Stevenson, 1916. $150,000 to $250,000.
    <b>Swann Auction Galleries July 16:</b> Laurent de Brunhoff, mixed media color study for <i>Babar’s World Tour,</i> 2005. $10,000 to $15,000.
    <b>Swann Auction Galleries July 16:</b> Hilary Knight, <i>Eloise with Valentine,</i> watercolor, ink & pencil, 2015. $25,000 to $35,000.
    <b>Swann Auction Galleries July 16:</b> Howard Pyle, <i>It was a Comrade from His Own Regiment,</i> oil on canvas, for <i>Harper’s Monthly Magazine,</i> 1909. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Coby Whitmore, <i>‘Poor baby! You want me so much,’ she said,</i> acrylic, for <i>The Saturday Evening Post,</i> 1968. $6,000 to $9,000.
    <b>Swann Auction Galleries July 16:</b><br>Al Hirschfeld, <i>Charley’s Aunt,</i> pen & ink, for the Broadway revival, <i>The New York Times,</i> 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Erté, <i>Décor de Laideronnette,</i> gouache set design for third movement of <i>Mother Goose,</i> 1949. $5,000 to $7,500.
    <b>Swann Auction Galleries July 16:</b> Vince McIndoe, <i>Villainous Last Supper, DC Comics,</i> oil on canvas, 2016. $4,000 to $6,000.
    <b>Swann Auction Galleries July 16:</b> Arthur Getz, <i>Rooftop Party,</i> casein tempera, cover illustration for <i>The New Yorker,</i> 1970. $2,000 to $3,000.
  • <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Isaac Newton. <i>Philosophiae naturalis principia mathematica.</i> 280,000 to 350,000 £.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Two early editions: Fantaisie pour le Clavecin. 1,000 to 1,500 £.
    <b>Sotheby’s:</b> Mozart. Early edition, in parts, of the Concerto in A for piano and orchestra. 2,000 to 3,000 £.
    <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Beethoven. First edition, second issue of the Ninth Symphony op.125. 1,000 to 1,500 £.
    <b>Sotheby’s:</b> Cervantes. <i>Don Quixote,</i> Barcelona, 1617. 2,000 to 3,000 £.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Three first and early editions of music for organ. 1,200 to 1,500 £.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Ptolomaeus (Claudius). <i>Cosmographia,</i> first edition, Vicenza, Hermann Liechtenstein, 13 September 1475. £150,000 to £200,000.
    <b>Forum Auctions, July 16:</b> Schoener (Johann). <i>Opera mathematica,</i> 3 parts in 1, first edition,The Honeyman copy in contemporary binding, Nuremberg, J. Montanus and U. Neuber, 1551. £30,000 to £40,000.
    <b>Forum Auctions, July 16:</b> Lucian of Samosata. <i>Dialogoi, editio princeps,</i> with fine illuminated title-page, Florence, Lorenzo de Alopa, 1496. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Pian (Jean Baptiste de). [Architectural Alphabet], 26 chromolithographs by Leopold Muller after Pian, Vienna, 1842-44. £15,000 to £20,000.
    <b>Forum Auctions, July 16:</b> Rogers (Bruce).- Holy Bible (The)..., one of 200 copies on handmade paper, designed by Bruce Rogers, bound in modern crimson morocco, gilt, Oxford, 1935. £10,000 to £15,000.
    <b>Forum Auctions, July 16:</b> Jenner (Edward). <i>An Inquiry into the Causes and Effects of the Variolae Vaccinae…,</i> first edition, Printed for the Author, by Sampson Low, 1798. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Voyages.- Cook (Capt. James).- Parkinson (Sydney). <i>A Journal of a Voyage to the South Seas, in his Majesty's Ship the Endeavour,</i> second edition, Charles Dilly...& James Phillips, 1784. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Clemens (Samuel Langhorne)] "Mark Twain". <i>Adventures of Huckleberry Finn,</i> first edition, first state, New York, Charles L. Webster and Company, 1885. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Voight (Hans Henning)], "Alastair". Herod, for 'Salome: Drame en un Acte', original drawing in red & black ink over pencil, [c.1922]. £4,000 to £6,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> James (M.R.) <i>Ghost Stories of an Antiquary,</i> first edition, signed presentation inscription from the author to A.C. Benson, 1904. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Remarque (Erich Maria). <i>All Quiet on the Western Front,</i> first English edition, signed presentation inscription from the author, 1929. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Ashendene Press.- More (Sir Thomas). <i>A Fruteful and Pleasaunt Worke...Utopia,</i> one of 100 copies, bound in black goatskin by J.Franklin Mowery, Ashendene Press, 1906. £3,000 to £4,000.

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

  • <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> Acted at the Dukes-Theatre. London: printed for William Cademan, 1673. $60,000 to $90,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> MUYBRIDGE, EADWEARD. Panorama of San Francisco, from California-St. Hill. [San Francisco:] Morse's Gallery, 1877. $15,000 to $25,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> BRUNUS ARETINUS, LEONARDUS. <i>De bello Italico adversus Gothos gesto.</i> Venice: Nicolas Jenson, 1471. $12,000 to $18,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HILL, JOHN. <i>Compleat Body of Gardening.</i> London: printed for T. Osborne; T. Trye; S. Crowder and Co.; and H. Woodgate, 1757. $10,000 to $15,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> GASPAR DE PORTOLA. Document Signed Twice ("Gaspar de Portola," & "M. Portola"), 29 pp, Puebla, Mexico, December 10, 1780. $8,000 to $12,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> VINGTIEME SIECLE. A complete set of the second series of <i>Vingtieme Siecle (XXe Siecle),</i> together with all fourteen special numbers. $8,000 to $12,000.
    <center><b>Bonhams<br>Fine Books and Manuscripts<br>Online Only<br>25 June to 8 July 2020</b>
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROOSEVELT, FRANKLIN DELANO. Autograph Letter Signed ("F.D.R.") as President, Washington, [1941], to Norman Davis, on White House stationery. $6,000 to $8,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> HAYEK, FRIEDRICH AUGUST. Autograph Manuscript, "Discipline of Civilisation." $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ADAMS, HANNAH; ADAMS, THOMAS "BOOK". Daubuz, Charles. <i>A Perpetual Commentary On The Revelation Of St. John.</i> London: Printed for Benj. Tooke, 1720. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> EMPEROR NORTON. Photograph signed ("Norton I"), albumen print carte-de-visite. $4,000 to $6,000.
    <b>Bonhams, Jun. 25 – Jul. 8:</b> ROBERTS, DAVID. <i>Egypt and Nubia from Drawings Made on the Spot ... with Historical Descriptions by William Brockendon.</i> London: F.G. Moon, 1846-9. $4,000 to $6,000.
  • <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> Albert Einstein, typed letter signed, explaining the nature of his personal atheism and belief in God. $70,000 to $100,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington. Autograph letter signed to Bryan Fairfax, looking forward to the Treaty of Paris, 5 February 1783. $60,000 to $80,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Alfred Swaine Taylor. Early “photogenic drawing,” photograph of a fern, dated 2 December 1839. $10,000 to $15,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> "Departure of Mr. Lincoln—Parting Address" in the <i>Weekly Illinois State Journal,</i> Vol. XXX, No. 1541, Springfield, February 13, 1861. $4,000 to $6,000
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Harrison document signed certifying the service of Daniel Cumbo, a black Revolutionary soldier. $10,000 to $15,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Front page printing of the Articles of Confederation in the <i>New-Jersey Gazette,</i> Vol. 1, No. 22. Trenton, April 29, 1778. $4,000 to $6,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> George Washington Funeral Procession Broadside. Boston, January 6, 1800. $5,000 to $7,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Philippe Laroque, printed score for “The Heroe of New Orleans Battle.” Philadelphia, 1815. $3,000 to $5,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Report of the Battle of Queenston Heights, the first major battle in the War of 1812, in <i>Supplement to the Quebec Gazette,</i> 24th October 1812. $2,000 to $3,000.
    <center><b>Sotheby’s<br>Fine Books and Manuscripts<br>Including the Eric C. Caren Collection Part 8<br>Online July 6 - 21, 2020</b>
    <b>Sotheby’s, Jul. 6 to 21:</b> His Majesty's Most Gracious Speech to both Houses of Parliament, On Tuesday the Eighteenth Day of November, 1760. London, 1760. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Elegy on the Death of James Lawrence, Esq. late Commander of the U.S. Frigate Chesapeake. [Boston]: A. Bowen, 1813. $2,000 to $3,000.
    <b>Sotheby’s, Jul. 6 to 21:</b> Benjamin Lincoln's Commission as Major General, signed by John Hancock, 19 February 1777. $30,000 to $50,000.
  • <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Very scarce autograph letter, signed, by Emily Tennessee Donelson, wife of Andrew Jackson Donelson, who served as First Lady / White House Hostess to President Andrew Jackson from 1828 to about 1834. $1,000 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> Thirteen Edward Wells maps plus title page from his rare atlas, A NEW SET OF MAPS BOTH OF ANCIENT AND PRESENT GEOGRAPHY. $600 to $700.
    <b>Case Antiques, Jul. 11 – 12:</b> L.B. Folger and C. Kallenback: MEMPHIS - BIRD'S EYE VIEW - SUPPLEMENT TO THE APPEAL. Scarce lithograph on paper. $800 to $1,200.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Large NASA-Space Race era archive of material related to Colonel Michael J. Vaccaro, director of administration of the Marshall Space Flight Center of Huntsville, Alabama. $800 to $1,200.
    <b>Case Antiques, Jul. 11 – 12:</b> 1836 slavery related document signed by President Andrew Jackson, Andrew Jackson Jr., and Andrew Jackson Donelson. $800 to $1,100.
    <b>Case Antiques, Jul. 11 – 12:</b> Roger Sherman Signed CT Land Grant, 1757. $600 to $700.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> Letter archive related to the Randolph family of Virginia, including Mr. and Mrs. Thomas Jefferson Randolph, Lewis Meriwether Randolph – the grandson of President Jefferson. $400 to $500.
    <b>Case Antiques, Jul. 11 – 12:</b> Louisiana, as formerly claimed by France, now containing part of British America to the East in Spanish America to the West of Mississippi map, by Thomas Kitchin, 1765. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Andrew Jackson manuscript document, unsigned, containing notes on several Tennessee legal cases, including one regarding a slave, circa 1790-96. $350 to $450.
    <center><b>Case Antiques<br>Two-Day Summer Sale<br>July 11 & 12, 2020</b>
    <b>Case Antiques, Jul. 11 – 12:</b> VA Civil War Photo, Alexander Gardner – Timothy O'Sullivan. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Military Archive, WWI/WWII French Soldier Paul Didier. $400 to $450.
    <b>Case Antiques, Jul. 11 – 12:</b> Early Virginia Map, B. Tanner, J. Reid, 1796. $300 to $400.

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