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>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> Verlag, Luzern, Publishers: <i>The Book of Kells,</i> the most precious illuminated manuscript of the early Middle Ages, now reproduced, the FIRST AND ONLY COMPLETE FINE ART FACSIMILE EDITION. €5,000 to €6,000.
    <b>Fonsie Mealy, Mar. 3:</b> Rowling (J.K.) <i>Harry Potter and the Philosophers Stone,</i> 8vo, L. (Bloomsbury) 1997, First Deluxe Edn., Signed by the Author on title page. €4,000 to €5,000.
    <b>Fonsie Mealy, Mar. 3:</b> Gilbert (John T.) Account of Facsimiles of National Manuscripts of Ireland, from the earliest extant specimens to A.D. 719. €2,000 to €3,000.
    <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> <i>The Georgian Society Records of Eighteenth-Century Domestic Architecture in Dublin [-Ireland],</i> 5 vols. lg. 4to D. 1909 - 1913. Limited Editions. €1,500 to €2,000.
    <b>Fonsie Mealy, Mar. 3:</b> Yeats (W.B.) <i>The Poems of W.B. Yeats,</i> 2 vols., roy 8vo, L. (MacMillan & Co.) 1949, Limited Edn., No. 185 (of 375 copies). Signed. €1,500 to €2,000.
    <b>Fonsie Mealy, Mar. 3:</b> Crone (John S.)ed. <i>The Irish Book Lover, A Monthly Review of Irish Literature and Bibliography.</i> Vol. I No 1 August 1909 - Vol. XXXII No. 6, September 1957. €1,250 to €2,000.
    <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> Yeats (John Butler) <i>An original self-portrait Sketch,</i> Signed and dated April 1919, N[ew] York. €1,200 to €1,500.
    <b>Fonsie Mealy, Mar. 3:</b> Photograph Album. Entitled ''A Souvenir of the Visit to Jeypore Samasthanam of His Excellency the Right Hon'ble Viscount Goschen of Hawkhurst… 14th December 1927''. €1,000 to €1,500.
    <b>Fonsie Mealy, Mar. 3:</b> Pistolesi (Erasmo) <i>Il Vaticano,</i> 8vols. large atlas, folio Rome (Tipografia della Societa..) 1829. €500 to €600.
    <center><b>The Collectors’ Sale<br>March 3, 2021</b>
    <b>Fonsie Mealy, Mar. 3:</b> Chagall (Marc)illus., Legmarie (Jean) comp., <i>The Jerusalem Windows,</i> folio N.Y. (George Braziller) 1962. €400 to €500.
    <b>Fonsie Mealy, Mar. 3:</b> Bullitt (Thos. W.) <i>My Life at Oxmoor,</i> Life on a Farm in Kentucky before the War. Roy 8vo Louisville, Kentucky, 1911. Privately Printed No. 86 of 100 Copies Only. €300 to €400.
    <b>Fonsie Mealy, Mar. 3:</b> Popish Plot: Oates (Titus) <i>The Popes Whore House or The Merchandise of The Whore of Rome,</i> folio L. 1679. First Edn. €100 to €150.
  • <b>Swann Auction Galleries Feb 25:</b> Frederick Douglass, ALS recruiting help for his paper after schism with Garrison, Rochester, 1851. $20,000 to $30,000.
    <b>Swann Auction Galleries Feb 25:</b> James Dean, photograph by Sanford H. Roth, signed & inscribed by Dean. $7,000 to $10,000.
    <b>Swann Auction Galleries Feb 25:</b> Richard Wagner, ALS requesting confirmation that the Grand Duke received his letter, 1863. $3,000 to $4,000.
    <b>Swann Auction Galleries Feb 25:</b> Benjamin Rush, ALS, doctor’s note for a Revolutionary soldier, 1780. $2,500 to $3,500.
    <b>Swann Auction Galleries Feb 25:</b> Lord Byron, ALS to Cambridge classmate, “your friendship is of more account to me than all these absurd vanities,” c. 1812. $3,000 to $4,000.
    <b>Swann Auction Galleries Feb 25:</b> Ernest Hemingway, <i>Three Stories & Ten Poems,</i> first edition of the author’s first book, Paris, 1923. $20,000 to $30,000.
    <b>Swann Auction Galleries Feb 25:</b> Ralph Ellison, <i>Invisible Man,</i> first English edition of the author’s first novel, signed, London, 1953. $1,800 to $2,500.
    <b>Swann Auction Galleries Feb 25:</b> Margery Lawrence, <i>The Madonna of Seven Moons,</i> first edition in unrestored dust jacket, Indianapolis, 1933. $800 to $1,200.
    <b>Swann Auction Galleries Feb 25:</b> Joseph Albers, <i>Interaction of Color,</i> 80 color screenprints, Yale University Press, New Haven & London, 1963. $4,000 to $6,000.
    <b>Swann Auction Galleries Feb 25:</b> Albert Einstein, autograph manuscript, unsigned, likely a draft discarded while working toward a unified field theory. $10,000 to $20,000.
  • <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> STEINBECK, John (1902-1968). <i>The Pastures of Heaven.</i> New York: Brewer, Warren & Putnam, 1932. $10,000 to $15,000.
    <b>Hindman Auctions, Mar. 19:</b> FITZGERALD, F. Scott (1896-1940). <i>Tender is the Night.</i> New York: Charles Scribner's Sons, 1934. $6,000 to $8,000.
    <b>Hindman Auctions, Mar. 19:</b> STOKER, Bram (1847-1912). <i>Dracula.</i> Westminster: Archibald Constable and Company, 1897. $5,000 to $7,000.
    <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> GOLDING, William (1911-1993). <i>Lord of the Flies.</i> London: Faber and Faber, 1954. $4,000 to $6,000.
    <b>Hindman Auctions, Mar. 19:</b> SALINGER, J. D. (1919-2010). The Catcher in the Rye. Boston: Little, Brown and Company, 1951. $4,000 to $6,000.
    <b>Hindman Auctions, Mar. 19:</b> HEMINGWAY, Ernest (1899-1961). <i>The Torrents of Spring.</i> New York: Scribner's, 1926. $3,000 to $4,000.
    <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> HUXLEY, Aldous (1894-1963). <i>Brave New World.</i> London: Chatto & Windus, 1932. $3,000 to $4,000.
    <b>Hindman Auctions, Mar. 19:</b> WELLS, H.G. <i>The Time Machine, an Invention.</i> New York: Henry Holt, 1895. $3,000 to $4,000.
    <b>Hindman Auctions, Mar. 19:</b> DAHL, Roald (1916-1990). <i>Charlie and the Chocolate Factory.</i> New York: Alfred A. Knopf, 1964. $2,000 to $3,000.
    <b><center>Hindman Auctions<br>Literature from a Private New Orleans Collection<br>March 19, 2021</b>
    <b>Hindman Auctions, Mar. 19:</b> HERBERT, Frank (1920-1986). Dune. Philadelphia: Chilton Books, 1965. $2,000 to $3,000.
    <b>Hindman Auctions, Mar. 19:</b> KESEY, Ken (1935-2001). <i>One Flew Over the Cuckoo's Nest.</i> New York: The Viking Press, 1962. $2,000 to $3,000.
    <b>Hindman Auctions, Mar. 19:</b> VONNEGUT, Kurt, Jr. (1922-2007). <i>Slaughterhouse-Five or The Children's Crusade.</i> New York: Seymour Lawrence Delacorte Press, 1969. $2,000 to $3,000.

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