• <center><b>Potter & Potter Auctions:<br>Books, Manuscripts & Fine Art<br>October 18, 2019</b>
    <b>Potter & Potter Auctions, Oct. 18:</b> Ernest Hemingway. <i>The Spanish Earth.</i> First Edition. Cleveland, 1938. $1,500 to $2,500.
    <b>Potter & Potter Auctions, Oct. 18:</b> Toni Morrison. <i>The Bluest Eye.</i> First Edition. New York, 1970. $2,000 to $3,000.
    <b>Potter & Potter Auctions, Oct. 18:</b> Charles Etienne Briseux. <i>L’Art de Batir des Maisons de Campagn.</i> Paris, 1743. $6,000 to $8,000.
    <center><b>Potter & Potter Auctions:<br>Books, Manuscripts & Fine Art<br>October 18, 2019</b>
    <b>Potter & Potter Auctions, Oct. 18:</b> Sadajiro Yamanaka. <i>To-so Seikwa: Select Relics of the T’ang and the Sung Dynasties from the Collections in Europe and America</i>. Osaka, 1928. $1,000 to $1,500.
    <b>Potter & Potter Auctions, Oct. 18:</b> Charles Dickens. <i>Bleak House.</i> First Edition. 20 parts bound in 19 issues. London, 1852-3. $1,000 to $2,000.
    <b>Potter & Potter Auctions, Oct. 18:</b> Frederic Thrasher. <i>Chicago’s Gangland Prepared by Frederic M. Thrasher 1923-26.</i> Chicago, 1926. $1,000 to $2,000.
    <center><b>Potter & Potter Auctions:<br>Books, Manuscripts & Fine Art<br>October 18, 2019</b>
    <b>Potter & Potter Auctions, Oct. 18:</b> <i>Father Abraham’s Almanack, For the Year of Our Lord 1776; Fitted to the Latitude of Forty Degrees....</i> Philadelphia: Printed and sold by John Dunlap, [1775]. $2,000 to $3,000.
    <b>Potter & Potter Auctions, Oct. 18:</b> Francesco Lana Terzi. <i>Magisterium naturae, et artis. Opus physico-mathematicum.</i> Brescia, 1684/1692. $4,000 to $6,000.
    <b>Potter & Potter Auctions, Oct. 18:</b> Eglomise Silhouette Profile Portrait of George Washington on Glass. American, ca. 1790s/1800s. 15" x 13" $5,000 to $7,000.
    <center><b>Potter & Potter Auctions:<br>Books, Manuscripts & Fine Art<br>October 18, 2019</b>
    <b>Potter & Potter Auctions, Oct. 18:</b> William James. <i>The Principles of Psychology.</i> New York, 1890. Two volumes, First edition. $3,000 to $5,000.
    <b>Potter & Potter Auctions, Oct. 18:</b> Roland Clark (1874–1957). <i>Roland Clark’s Etchings.</i> New York: The Derrydale Press, 1938. $3,500 to $4,500.
    <b>Potter & Potter Auctions, Oct. 18:</b> Mexican-American War Recruiting Broadside. Akron, Ohio: ca. 1846/48. $1,000 to $2,000.
  • <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> JAMES, JESSE. Autograph Letter Signed ("Jesse W. James"), to Mr. Flood demanding Flood retract spurious accusations, 3 pp, June 5, 1875. $200,000 to $300,000.
    <b>Bonhams, Oct. 23:</b> DE CORDOBA, JACOB. <i>Map of the State of Texas.</i> New York, 1866. $15,000 to $20,000
    <b>Bonhams, Oct. 23:</b> ARNOLD, BENEDICT. Autograph bookseller's receipt for Dr. John Dickinson, Signed ("B. Arnold"), February 1767. $3,000 to $5,000.
    <b>Bonhams, Oct. 23:</b> EINSTEIN, ALBERT. 4 Typed Letters Signed ("A Einstein") to Cleveland E. Dodge offering early reports on the meetings of the Emergency Committee of Atomic Scientists. $10,000 to $15,000.
    <b>Bonhams, Oct. 23:</b> EISENHOWER, DWIGHT D. Typed Letter Signed ("Dwight D. Eisenhower") to General Henri Giraud written from a secret bunker in Gibraltar on the eve of Operation Torch, November 4 [but 6], 1942. $10,000 to $15,000.
    <b>Bonhams, Oct. 23:</b> Early Broadside Printing of the GADSDEN PURCHASE, Puebla, August 16, 1854. $2,000 to $3,000.
    <b>Bonhams, Oct. 23:</b> ALLEN, ETHAN. Autograph Letter Signed to Crevecouer during the Constitutional Debates in Congress, 2 pp, August 29, 1787. $30,000 to $50,000.
  • <center> <b>Leslie Hindman Auctioneers<br>Fine Books and Manuscripts Including Americana<br>November 6, 2019</b>
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> RATZER, Bernard. <i>Plan of the City of New York in North America, surveyed in the years 1766 & 1767.</i> London: Jefferys and Faden, “Jan.y” 12, 1776. $80,000 to $120,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [KELMSCOTT PRESS]. COCKERELL, Sydney C. <i>Some German Woodcuts of the Fifteenth Century.</i> Hammersmith: The Kelmscott Press, 1897 [issued 1898]. $20,000 to $30,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [GOLDEN COCKEREL PRESS]. KEATS, John. <i>Lamia, Isabella, the Eve of Saint Agnes and Other Poems.</i> Waltham Saint Lawrence, Berkshire: The Golden Cockerel Press, 1928. $6,000 to $8,000
    <center> <b>Leslie Hindman Auctioneers<br>Fine Books and Manuscripts Including Americana<br>November 6, 2019</b>
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [GRANT, Ulysses S.— GRANT, Julia, First Lady]. Carved Applewood and 18-karat Gold Jewelry Suite, Browne & Spaulding, Jewelers, New York City, 1865. $20,000 to $30,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [LINCOLN ASSASSINATION]. GARDNER, Alexander. <i>Incidents of the War |Sic Semper Sicariis</i> [caption title]. Washington, D. C.: Philip & Solomons, 1865. $5,000 to $7,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> A COMPLETE COLLECTION of 115 titles published in R. R. Donnelley's Lakeside Classics series. Chicago, 1903-2017. COMPLETE RUN OF THE LONGEST-RUNNING CONTINUOUS SERIES OF BOOKS IN THE WORLD. $5,000 to $7,000
    <center> <b>Leslie Hindman Auctioneers<br>Fine Books and Manuscripts Including Americana<br>November 6, 2019</b>
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> GLEIZES, Albert. METZINGER, Jean. <i>Du Cubisme.</i> Paris, 1947. LIMITED EDITION, number 19 of 20 copies on papier d'Auvergne. $3,000 to $4,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [THE LITTLE REVIEW]. ANDERSON, Margaret, ed. POUND, Ezra, ed. HEAP, Jane, ed. <i>The Little Review.</i> Vol. I, No. 1 through Vol. XII, No. 2. 1914-1929. $3,000 to $4,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [MOUNTENEY, Leonard, binder]. LOUŸS, Pierre. <i>Songs of Bilitis.</i> Chicago: Argus Books, 1931. $2,000 to $3,000
    <b>Leslie Hindman Auctioneers, Nov. 6:</b> [HANCOCK, John]. Partly-printed U.S. Loan-Office Transfer Certificate issued on behalf of Hancock. Sgn’d on recto by William Imlay, as Commissioner of Loans of Connecticut. 28 February 1793. $2,000 to $3,000

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>Leslie Hindman Auctioneers<br>Library of a Midwestern Collector<br>November 5, 2019</b>
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> DARWIN, Charles. <i>On the Origin of Species.</i> London John Murray, 1859. FIRST EDITION. THE VERY FINE MELLON-GARDEN COPY. $120,000 to $180,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> ECKERT, J. P, H. H. GOLDSTINE, and J. G. BRAINERD. <i>Description of the ENIAC and comments on electronic digital computing machines.</i> N.p., 1945. FIRST EDITION, INSCRIBED BY GOLDSTINE. $5,000 to $7,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> EUCLID. <i>Elementa geometriae.</i> Translated from the Arabic by Adelard of Bath. Venice: Erhard Ratdolt, 25 May 1482. FIRST EDITION. $60,000 to $80,000
    <center><b>Leslie Hindman Auctioneers<br>Library of a Midwestern Collector<br>November 5, 2019</b>
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> [HAMILTON, Alexander, James MADISON and John JAY]. <i>The Federalist: A Collection of Essays…</i> New York: John and Andrew M'Lean, 1788. FIRST EDITION. $60,000 to $80,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> GALILEI, Galileo. <i>Dialogo...Dove ne i congressi di quattro giornate si discorre sopra i due massimi sistemi del mondo Tolemaico, e Copernicano.</i> Florence, 1632. FIRST EDITION. $30,000 to $40,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> JOYCE, James. <i>Ulysses.</i> Paris: Shakespeare and Company, 1922. FIRST EDITION, ONE OF 100 COPIES SIGNED BY JOYCE. $120,000 to $180,000
    <center><b>Leslie Hindman Auctioneers<br>Library of a Midwestern Collector<br>November 5, 2019</b>
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> KEYNES, John Maynard. <i>The General Theory of Employment Interest and Money.</i> London: Macmillan, 1936. FIRST EDITION. $5,000 to $7,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> NEWTON, Isaac, Sir. <i>Philosophiae naturalis principia mathematica.</i> London: Joseph Streater for the Royal Society, 1687. FIRST EDITION. $150,000 to $250,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> ROWLING, J. K. <i>Harry Potter and the Philosopher's Stone.</i> London: Bloomsbury, 1997. FIRST EDITION, SIGNED BY ROWLING. $80,000 to $120,000
    <b>Leslie Hindman Auctioneers, Nov. 5:</b> SMITH, Adam. <i>An Inquiry into the Nature and Causes of the Wealth of Nations.</i> London: for W. Strahan and T. Cadell, 1776. FIRST EDITION. $70,000 to $90,000
  • <b>Swann Auction Galleries Oct 24:</b> Sir Isaac Newton, <i>Opticks,</i> first edition, first issue, London, 1704. $15,000 to $25,000.
    <b>Swann Auction Galleries Oct 24:</b> Johannes Jacobus Canis, <i>De modo studendi in utroque iure,</i> first edition, Padua, 1476. $6,000 to $9,000.
    <b>Swann Auction Galleries Oct 24:</b> Pope Clemens V, <i>Constitutiones,</i> Nuremberg, 1482. $2,500 to $3,500.
    <b>Swann Auction Galleries Oct 24:</b> Nicolaus Panormitanus de Tudeschis, <i>Lectura super V libris Decretalium,</i> Basel, 1480-81. $5,000 to $7,000.
    <b>Swann Auction Galleries Oct 24:</b> Michael Faraday, <i>Experimental Researches in Electricity,</i> complete set, first editions, London, 1832-56. $3,000 to $4,000.
    <b>Swann Auction Galleries Oct 24:</b> William Gilbert, <i>Tractatus sive physiologia nova de magnete,</i> Sedini, 1628. $3,000 to $5,000.
    <b>Swann Auction Galleries Oct 24:</b> John Bulwer, <i>Philocophus,</i> first edition of the first book in English on the deaf, London, 1648. $1,000 to $2,000.
    <b>Swann Auction Galleries Oct 24:</b> James Cook, complete set, 9 volumes, London, 1773-84. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 24:</b> Nicolaus Bertrand, <i>Opus de Tholosano[rum] Gestis ab Urbe Condita,</i> with the earliest known view of the city of Toulouse, 1515. $2,000 to $3,000.

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