Rare Book Monthly

Articles - March - 2013 Issue

Last Publisher Settles E-Book Price-Fixing Case

Macsargletter

An open letter from Macmillan's CEO.

The last of the publishers sued by the U.S. Department of Justice for alleged price fixing of electronic books has thrown in the towel. Macmillan has now joined Hachette, HarperCollins, Simon & Schuster, and Penguin in acquiescing to DOJ demands. The first three agreed early on, Penguin held out until December, and now the last of the publishers has given in. That leaves only their alleged co-conspirator and ringleader, Apple Computer, to face the charges alone. How Apple proceeds waits to be seen. Previously, they not only opposed the settlement, but considered it a violation of their contractual rights.

According to the DOJ, the problem arose out of the publishers' displeasure with the low prices Amazon was charging for their e-books. While the publishers were receiving their desired wholesale prices, Amazon was barely marking them up. The online retailer was more concerned with dominating the retail e-book trade than with making profits now. The publishers were unhappy because they feared customers would become too accustomed to such low prices, and that it would provide too much competition for more expensive printed books.

When Apple decided that they too wanted to sell e-books, the publishers allegedly saw an opportunity to push up prices. This was agreeable to Apple as that firm, unlike Amazon, was more interested in making profits now, rather then setting up long-term dominance in the trade. Allegedly, Apple negotiated identical contracts with the five publishers, keeping each apprised of their progress. The agreements provided that the publishers would only sell their e-books according to “agency pricing.” This meant that all retailers, including Amazon, would have to sell at the prices the publishers set, rather than what they chose. Based on the set retails, the wholesale price would allow for an identical 30% profit for all retailers, be it Apple or Amazon. No retailers would be permitted to compete on price.

The Department of Justice considered this to be illegal price fixing and sued. Three publishers settled quickly, then Penguin, and now Macmillan. Macmillan remained strong in its opposition to the suit and in its belief it had done no wrong, but in the end, according to a statement from CEO John Sargent, the risk became too great to continue the fight. In a public letter, Sargent wrote, “Our company is not large enough to risk a worst case judgment.” He said that in the worst case scenario, if they lost, they could not only be held accountable for their own treble damages, but treble the damages attributable to the publishers who settled their parts of the case. “A few weeks ago I got an estimate of the maximum possible damage figure,” he wrote. “I cannot share the breathtaking amount with you, but it was much more than the entire equity of our company.”

The settlement provides that Macmillan is to refrain from imposing agency pricing for at least two years, along with various reporting and other provisions that run as long as five years. It should be noted that the concept of agency pricing is not being challenged, and the ban lasts only two years. After that, Macmillan will be free to reimpose agency pricing and force Amazon to sell their books at the same higher prices they attempted to impose last time. What they are prohibited from doing in the future is conspiring with other parties to impose such pricing. When Macmillan (allegedly) entered into such conduct in agreement with the other publishers, it assured that all would charge higher prices. Their books would not be at a competitive price disadvantage to those offered by other publishers. In two years, they can impose such pricing on their retailers again, but they will have do so without an agreement from others to do the same. If the others don't do the same, Macmillan's books will likely be more expensive to buy. Consumers might opt to buy books published by others which sell for less. Going forward, Macmillan (and the other publishers) cannot act in concert in establishing prices, nor may they even discuss or reveal to each other what pricing strategies they will use.

When the publishers entered into their agreements with Apple, books that Amazon had been selling for $9.99 were pushed up to $12.99 and $14.99. After the settlement, Amazon reduced many of those prices back down again. It would not be terribly surprising if the same happens now with some of the Macmillan titles.

Rare Book Monthly

  • <center><b>Dominic Winter Auctioneers<br>12/13 May<br>Printed Books, Maps & Prints, Numismatic Books from the Milne-Henderson Collection</b>
    <b>Dominic Winter, 12/13 May:</b> Mariette (Pierre-Jean). <i>Traité des pierres gravées / Recueil des pierres gravées...,</i> 2 vols., 1750. £1,000 to £1,500.
    <b>Dominic Winter, 12/13 May:</b> [Bryant, Jacob & William Cole]. <i>Gemmarum Antiquarum Delectus, [Marlborough Gems],</i> 2 volumes, [privately printed, 1780-83], £800 to £1,200.
    <b>Dominic Winter, 12/13 May:</b> Caylus (Anne Claude Philippe, Comte de). <i>Recueil d'Antiquités Egyptiennes, Estrusques, Grecques et Romaines,</i> 7 volumes, Paris, 1756-67, £700 to £1,000.
    <center><b>Dominic Winter Auctioneers<br>12/13 May<br>Printed Books, Maps & Prints, Numismatic Books from the Milne-Henderson Collection</b>
    <b>Dominic Winter, 12/13 May:</b> Devonshire Gems. <i>Duke of Devonshire's Collection of Gems,</i> privately printed, c. 1790, [one of 8 copies], £1,500 to £2,000.
    <b>Dominic Winter, 12/13 May:</b> Goltz (Hubert). <i>Le Vive Imagini di tutti quasi gl'Imperatori,</i> Antwerp, 1557, £500 to £800.
    <b>Dominic Winter, 12/13 May:</b> Manuscript. <i>An Explanation of Dassier's Medals, by Charlotte Hanbury,</i> c. 1795-1800, £700 to £1,000.
    <center><b>Dominic Winter Auctioneers<br>12/13 May<br>Printed Books, Maps & Prints, Numismatic Books from the Milne-Henderson Collection</b>
    <b>Dominic Winter, 12/13 May:</b> Paoletti (Bartolomeo and Pietro). A collection of 300 plaster cameos presented in 7 leather-bound double-sided faux book boxes, Rome, c. 1820, £2,000 to £3,000.
    <b>Dominic Winter, 12/13 May:</b> Mayer (Luigi). <i>Views in Egypt, from the Original Drawings, in the Possession of Sir Robert Ainslie,</i> London: Thomas Bensley for R. Bowyer, 1805, £2,000 to £3,000.
    <b>Dominic Winter, 12/13 May:</b> Blaeu (Willem Janszoon & Johannes). <i>Theatrum orbis terrarum, sive Atlas novus, pars quarta</i> [England and Wales], Amsterdam: Johannem Blaeu, 1648, £6,000 to £8,000.
    <center><b>Dominic Winter Auctioneers<br>12/13 May<br>Printed Books, Maps & Prints, Numismatic Books from the Milne-Henderson Collection</b>
    <b>Dominic Winter, 12/13 May:</b> Reuter (O.M. & Mela, A.J.). <i>Finlands Fiskar. The Fishes of Finland,</i> 12 parts (complete), Helsingfors: G.W. Edlund, 1883-93, £500 to £800.
    <b>Dominic Winter, 12/13 May:</b> Lunardi (Vincenzo). <i>An Account of the First Aerial Voyage in England,</i> 2nd edition, London: Printed for the Author, 1784, £700 to £1,000.
    <b>Dominic Winter, 12/13 May:</b> North America. Jansson (Jan). <i>Virginiae partis Australis et Floridae partis Orientalis,</i> circa 1641. £400 to £600.
  • <center><b>Hindman Auctions<br>Fine Books & Manuscripts,<br>Including Americana<br>Live and Online<br>May 12, 2021</b>
    <b>Hindman Auctions, May 12:</b> CURRIER and IVES, publishers -- After Frances F. Palmer. The Rocky Mountains. Emigrants Crossing the Plains, 1866. $10,000 to $15,000.
    <b>Hindman Auctions, May 12:</b> [BIBLE, in English]. <i>The New Testament of Jesus Christ, translated faithfully into English.</i> Rheims, 1582. $6,000 to $8,000.
    <b>Hindman Auctions, May 12:</b> [BIBLE, in Latin]. <i>Biblia latina.</i> Venice: Franz Renner of Hailbrun [Heilbrunn], 1483. $3,000 to $4,000.
    <center><b>Hindman Auctions<br>Fine Books & Manuscripts,<br>Including Americana<br>Live and Online<br>May 12, 2021</b>
    <b>Hindman Auctions, May 12:</b> SHELLEY, Percy Bysshe (1792-1822). Autograph letter signed ("P. B. S."), to Charles Ollier. Florence, Italy, 15 December 1819. “MY PROMETHEUS IS THE BEST THING I EVER WROTE.” $3,000 to $4,000.
    <b>Hindman Auctions, May 12:</b> RAMSAY, David (1749-1815). <i>The History of the Revolution of South-Carolina…</i> Trenton: Isaac Collins, 1785. $3,000 to $4,000.
    <b>Hindman Auctions, May 12:</b> [BINDINGS]. MUIR, John (1838-1914). <i>The Writings of John Muir.</i> Boston and New York: Houghton Mifflin Company, 1916-1924. 10 vols. $2,000 to $3,000.
    <center><b>Hindman Auctions<br>Fine Books & Manuscripts,<br>Including Americana<br>Live and Online<br>May 12, 2021</b>
    <b>Hindman Auctions, May 12:</b> [CHICAGO] -- <i>Park & Guide Map of Chicago.</i> Chicago: Jas. Van Vechten, 1873. $2,000 to $3,000.
    <b>Hindman Auctions, May 12:</b> CURRIER and IVES, publishers -- After Frances F. Palmer. $2,000 to $3,000.
    <b>Hindman Auctions, May 12:</b> [ALLEN PRESS]. SHAKESPEARE, William (1564-1616). <i>Romeo and Juliet.</i> Greenbrae: Allen Press, 1988. $1,000 to $1,500.
    <center><b>Hindman Auctions<br>Fine Books & Manuscripts,<br>Including Americana<br>Live and Online<br>May 12, 2021</b>
    <b>Hindman Auctions, May 12:</b> BEMELMANS, Ludwig (1898-1962). Pencil drawing on paper. 247 x 198 mm, sight, matted and framed. Showing a child shooting at a baby's balloon. $1,000 to $1,500.
    <b>Hindman Auctions, May 12:</b> [LOGAN ELM PRESS]. HARVEY, Rebecca. <i>Any Number of Things.</i> Ohio State University, 2013. Single sheet paper scroll. $800 to $1,200.
    <b>Hindman Auctions, May 12:</b> BINYON, Laurence (1869-1943). A small archive of letters and pamphlets. $200 to $300.
  • <b><center>Sotheby’s<br>Bibliothèque littéraire<br>Hubert Heilbronn<br>11 May 2021</b>
    <b>Sotheby’s May 11:</b> Breton, André. <i>Nadja.</i> Paris, N.R.F., Gallimard, 1928. €15,000 to €20,000.
    <b>Sotheby’s May 11:</b> [Stendhal, Henri Beyle dit]. <i>Le Rouge et le Noir,</i> chronique du XIXe siècle. Paris, Levavasseur, 1831. €20,000 to €30,000.
    <b>Sotheby’s May 11:</b> Dumas, Alexandre. <i>Les Trois mousquetaires.</i> 1844. 8 vols. In 4. Paris, Baudry, 1844. €30,000 to €50,000.
    <b>Sotheby’s May 11:</b> Mallarmé, Stéphane -- Edgar Allan Poe. <i>Les Poèmes d’Edgar Poe.</i> Bruxelles, Edmond Deman, 1888. €18,000 to €25,000.
    <b>Sotheby’s May 11:</b> Proust, Marcel. <i>Le côté de Guermantes II. Sodome et Gomorrhe I. [and] Sodome et Gomorrhe II.</i> Paris, N.R.F., 1921 et 1922. €20,000 to €30,000.
  • <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.

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