Rare Book Monthly

Articles - January - 2013 Issue

And Then There Was One – Macmillan Settles eBook Price-Fixing Suit

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Penguin has settled.

One more publisher accused by the U.S. Department of Justice of artificially fixing the price of eBooks has bowed out of the suit with a settlement. Penguin Group has joined Hachette, HarperCollins, and Simon & Schuster in settling the dispute with the Department of Justice. That leaves just one publisher – Macmillan – still in the suit, along with the firm with whom they allegedly conspired to fix prices – consumer technology giant Apple, the world's largest corporation. The suit, now between the DOJ and Apple/Macmillan, is scheduled to be heard in June 2013.

For a look at the mess leading up to this point, click here. Basically, Amazon set out to dominate the then new electronic book business by selling eBooks very cheaply, at prices not much more (occasionally less) than cost. It made it very hard for others to compete. The publishers did not like this pricing, because, although they were selling their books, they felt consumers would get so used to low prices, they could never raise them again. They were also concerned that if eBook prices were too cheap, they would have trouble selling more expensive paper copies.

Meanwhile, Apple wanted to sell eBooks, but not for an absence of profit. Apple likes to make money. The result, according to the Department of Justice, was that Apple and the publishers agreed to change the method by which they would set prices. Instead of a wholesale price, from which retailers could set their own prices, the publishers set the retail price, and allowed the retailers to make a commission (generally 30%). Those set retail prices, which Amazon was now obligated to use, were considerably higher than those Amazon previously charged. The DOJ looked at this and concluded it amounted to illegal price fixing.

On December 18, the DOJ announced that Penguin had joined the other three in abandoning their so-called “agency pricing” agreement with Apple (agency pricing is where the manufacturer, not the retailer, sets the retail price). According to the DOJ, “Before the companies began their conspiracy, retailers regularly sold e-book versions of new releases and bestsellers for, as described by one of the publisher’s CEO, the 'wretched $9.99 price point.' As a result of the conspiracy, consumers were typically forced to pay $12.99, $14.99, or more for the most sought-after eBooks.” Jamillia Ferris, Chief of Staff and Counsel at the DOJ’s Antitrust Division, added, “Since the department’s settlement with Hachette, HarperCollins and Simon & Schuster, consumers are already paying lower prices for the eBook versions of many of those publishers’ new releases and bestsellers.”

While the settlement has led to a reduction in some eBook prices, notably at Amazon, the settlement is being challenged by Apple. They believe their contracts with the publishers, in which the latter agreed to use the agency pricing model, are still legal and valid contracts. In other words, Apple maintains that the DOJ suit is bad law, and the publishers do not have a right to agree to a settlement which, in effect, overrides the Apple contracts with them. Apple considers those “agency” contracts to be legal and binding. If I were a betting man, I would bet against Apple on this claim, but I know betting is illegal, regardless of whether these contracts are, so I won't go there.

Stay tuned.

Rare Book Monthly

  • <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Alken (Henry), after. Salmon Fishing; Fishing in a Punt; Pike Fishing, three works, 1820. £600 to £800.
    <b>Forum Auctions, May 20:</b> Early Images of Angling.- Hollar (Wenceslaus) Angling; River Fishing; and Salmon Fishing, after Francis Barlow, 3 engravings, [c. 1671]. £500 to £700.
    <b>Forum Auctions, May 20:</b> Rolfe (Henry Leonidas). <i>Studies of Fresh Water Fish,</i> 1851. £500 to £700.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Morland (George), After. A Party Angling; The Anglers' Repast, a pair, mezzotints, 1789. £400 to £600.
    <b>Forum Auctions, May 20:</b> Pollard (James), After. Bottom Fishing; Anglers Packing Up, etchings with aquatint, 1831. £400 to £600.
    <b>Forum Auctions, May 20:</b> Angling's Age of Romance.- Sayer (Robert, publisher) & J. Bennett. The Angelic Angler, mezzotint, 1781; and another. £300 to £400.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Fishing Satire.- London.- Roberts (Piercy). Patience at Paddington or angling in the Junction Canal, etching after Woodward, 1807; together with Woodward's 'Angling at Sadler's Wells', and another, 1794. £300 to £400.
    <b>Forum Auctions, May 20:</b> Fishing Satire - Cats Fishing.- Seymour (Robert). Waltonizing or - Green-land Fisherman, [c. 1830s]; together with 3 lithographs of cats fishing, [c. 1830s]. £300 to £400.
    <b>Forum Auctions, May 20:</b> Fishing Portraits.- Zoffany (Johan), After. Master James Sayer, at the age of 13, mezzotint by Richard Houston, 1772. £300 to £400.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Wilkinson (Norman). Come to Britain for Fishing, lithographic poster, [c. 1947]. £300 to £400.
    <b>Forum Auctions, May 20:</b> Scottish Fishing.- Heath (William). Sporting in the Scottish Isles no. III. Salmon Fishing, 1835; and another. £150 to £200.
    <b>Forum Auctions, May 20:</b> Simpson (Joseph). The Border Angler, drypoint, [c. 1927]. £150 to £200.
  • <b><center>Ketterer Rare Books<br>Auction on May 31</b>
    <b>Ketterer Rare Books, May 31:</b> Aristoteles, <i>Logica vetus,</i> Manuscript, around 1250. Est: € 60,000
    <b>Ketterer Rare Books, May 31:</b><br>L. Pacioli, <i>Divina proportione,</i> 1509<br>Est: € 80,000
    <b>Ketterer Rare Books, May 31:</b> A. Jorn, Fin de Copenhague, 1957.<br>Est: € 10,000
    <b><center>Ketterer Rare Books<br>Auction on May 31</b>
    <b>Ketterer Rare Books, May 31:</b> Gospel of Mark, Manuscript, around 1180.<br>Est: € 30,000
    <b>Ketterer Rare Books, May 31:</b><br>J. de Theramo, <i>Consolatio peccatorum,</i> 1481. Est: € 25,000
    <b>Ketterer Rare Books, May 31:</b><br>G. Braques in G. Apollinaire, <i>Si je mourais là-bas,</i> 1962. Est: € 6,000
    <b><center>Ketterer Rare Books<br>Auction on May 31</b>
    <b>Ketterer Rare Books, May 31:</b> Latin Choral manuscript, around 1500.<br>Est: € 25,000
    <b>Ketterer Rare Books, May 31:</b><br>P. J. Redouté, <i>Choix des plus belles fleurs,</i> 1827-33. Est: € 25,000
    <b>Ketterer Rare Books, May 31:</b><br>S. Delaunay, <i>27 tableaux vivants,</i> 1969. Est: € 3,000
    <b><center>Ketterer Rare Books<br>Auction on May 31</b>
    <b>Ketterer Rare Books, May 31:</b> Latin and French Book of Hours, around 1450-70. Est: € 30,000
    <b>Ketterer Rare Books, May 31:</b><br>L. Moholy-Nagy, Bauhaus advertising postcard No. 7, 1923. Est: € 5,000
    <b>Ketterer Rare Books, May 31:</b><br>K. Price in Ch. Bukowski, <i>Heat wave,</i> 1995. Est: € 2,500
  • <b>Swann Auction Galleries, May 12:</b> <i>Westvaco–Inspirations for Printers,</i> 3 volumes, 1938-61. $200 to $300.
    <b>Swann Auction Galleries, May 12:</b> Proef van Letteren, <i>Welk gegooten worden in de Nieuwe Haerlemsche Lettergietery,</i> 1768. $3,000 to $4,000.
    <b>Swann Auction Galleries, May 12:</b> Paul Klee, <i>Bauhaus Ausstellung Juli – Sept.,</i> Weimar, 1923. $4,000 to $6,000.
    <b>Swann Auction Galleries, May 12:</b> Michel Seuphor & Jozef Peeters, <i>Het Overzicht Nos.</i> 22-23-24, Antwerp, 1922. $3,000 to $4,000.
    <b>Swann Auction Galleries, May 12:</b> Wolfrum & Co., <i>Modern Graphik, Serie I…,</i> complete portfolio, 1909. $1,200 to $1,800.
    <b>Swann Auction Galleries, May 12:</b> <i>Gravure et Fonderie deC. Derriey: Specimen-Album,</i> Paris, 1862. $5,000 to $7,500.
  • <b><center>Sotheby’s<br>Science: Books and Manuscripts<br>15-25 May 2021</b>
    <b>Sotheby’s, 15-25 May:</b> Mary Anning. Autograph letter signed, to William Buckland, 24 November 1834. £50,000 to £70,000.
    <b>Sotheby’s, 15-25 May:</b> Bolyai. <i>Scientiam spatii absolute veram exhibens,</i> Maros Vásárhelyi, 1832-1833, 2 volumes, half calf. £50,000 to £70,000.
    <b>Sotheby’s, 15-25 May:</b> Vesalius.<br><i>De humani corporis fabrica,</i> Basel, 1555, modern crushed burgundy morocco. £15,000 to £20,000.
    <b><center>Sotheby’s<br>Science: Books and Manuscripts<br>15-25 May 2021</b>
    <b>Sotheby’s, 15-25 May:</b> Copernicus.<br><i>De revolutionibus orbium coelestium,</i> Nuremberg, 1543, later boards, Rostock duplicate. £70,000 to £100,000.
    <b>Sotheby’s, 15-25 May:</b> Payan-Dumoulin. Profusely illustrated manuscript of fossils, France, c.1875-1979. £15,000 to £20,000.
    <b>Sotheby’s, 15-25 May:</b> Albert Einstein. Autograph letter signed, to his son Albert, 4 November [1915]. £10,000 to £15,000.

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