Rare Book Monthly

Articles - November - 2013 Issue

Apple Inc. to Appeal Ebook Price-Fixing Verdict

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Apple files notice it will appeal.

Apple, Inc., has officially notified the U. S. Court of Appeals that it intends to appeal the judgment against it in the recent ebook price fixing case. Apple, along with five publishers, was accused of a conspiracy to fix the prices of electronic books by forcing Amazon to raise their charges to levels sought by Apple. Apple wished to join Amazon in selling electronic books online, but did not wish to join their rival in offering them for prices that left little if any room for profit. Amazon is focused on long-term market share, and is willing to forgo profits today for market share tomorrow. Apple wishes to have its cake and eat it too.

 

Apple and the publishers had numerous conversations, and on one day, the publishers all switched to an agency model of pricing. In an agency model, the publisher sets the retail price and all retailers must charge that amount. No one is allowed to discount, as Amazon had been doing. It forced Amazon to raise its prices.

 

While agency pricing may sound like price fixing in itself, it is not. Publishers can force all retailers to charge a minimum price for their books. What they can't do is get together and all agree to adopt the agency model together. That is what the U.S. Department of Justice believed had happened when they all raised prices together, and the D.O.J. believed that Apple was a major instigator of the claimed conspiracy.

 

Ultimately, all of the publishers chose not to fight city hall. They all reached settlements with the D.O.J. Apple did not. Apple contended that it had done no wrong, that it had not conspired with the publishers to set prices. They fought the case in court. They lost.

 

The District Court ruled that Apple had conspired to fix prices. No monetary judgment has yet been set, but the Court did order a monitor be placed in Apple's headquarters to make sure they do not engage in such behavior again. Apple still believes it owes no damages, deserves no monitors. So, on October 3, they officially filed a notice with the Appeals Court of their intent to appeal.

 

Apple has not stated a grounds for its appeal. It has a few months to put the details together. However, they made sure to leave every door open, writing in the notice that it appealed against the injunction and “any and all orders and rulings that were adverse to it.” Some hints of Apple's claims may be gleaned in objections Apple earlier filed with the trial court. Apple claimed that various witnesses they believed helpful to their case were not permitted to testify, certain testimony was disregarded, and incorrect inferences were drawn. This will all undoubtedly come out in greater detail when the appeal itself is filed.

 

An unscientific perusal of articles by legal experts suggests that most believe Apple has a difficult challenge. The consensus appears to be that the decision was well-reasoned and facts clearly established. Nevertheless, Apple will undoubtedly be bringing the best legal minds to the challenge, and no one can better afford an appeal than Apple. Apple earns almost a billion dollars a week and has for a long time been struggling to figure out what to with all of its money. No matter how much it invests in the appeal, it will be barely a drop in the bucket. Having more money than you know what to do with is one of those unusual challenges most of us will never experience.

 

Rare Book Monthly

  • <center><b>Sotheby’s<br>Collection of a Connoisseur:<br>History in Manuscript, Part 2<br>27 April 2021</b>
    <b>Sotheby’s, through Apr. 27:</b><br>Ronald Reagan. Series of 37 letters to Senator George Murphy, and related material, 1968-90. £50,000 to £70,000.
    <b>Sotheby’s, through Apr. 27:</b><br>Chaim Weizmann. Autograph letter signed, to General Sir Gilbert Clayton, 6 September 1918. £20,000 to £30,000.
    <b>Sotheby’s, through Apr. 27:</b><br>Sir Winston Churchill. Autograph letter signed, to Pamela, Lady Lytton, 1942. £20,000 to $30,000.
    <center><b>Sotheby’s<br>Collection of a Connoisseur:<br>History in Manuscript, Part 2<br>27 April 2021</b>
    <b>Sotheby’s, through Apr. 27:</b><br>Oscar Wilde. Five autograph letters signed, to Alsager Vian, 1887. £15,000 to £20,000.
    <b>Sotheby’s, through Apr. 27:</b><br>Napoleon I. Letter signed to Admiral Ganteaume, ordering the invasion of England, 22 August 1805. £10,000 to £15,000.
    <b>Sotheby’s, through Apr. 27:</b><br>Horatio, Viscount Nelson, and Emma Hamilton. Two autograph letter signed, to Catherine and George Matcham, 1805. £6,000 to £8,000.
  • <center><b>Doyle<br>Rare Books, Autographs & Maps<br>Timed auction, April 29</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1032. RATZER, BERNARD. Plan of the City of New York in North America, surveyed in the years 1766 & 1767. $40,000 to $60,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1011. [BROADSIDE]. Life, Last Words and Dying Confession, of Rachel Wall... $2,000 to $3,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1055. BEATON, CECIL. Scrapbook prepared by Cecil Beaton over the period 1935-1944, with some later inclusions. $800 to $1,200.
    <center><b>Doyle<br>Rare Books, Autographs & Maps<br>Timed auction, April 29</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1051. ADDAMS, CHARLES. Original drawing "I hope the power doesn't go out until after Masterpiece Theatre." $15,000 to $20,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1037. The Campaign Speeches of Nixon of Kennedy, inscribed to William Safire by Richard Nixon and secretarially for John Kennedy. $2,000 to $3,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1036. Celebration of the Commencement of Work on Rapid Transit Railroad. March 24th 1900, one o'clock, City Hall Park, New York. $200 to $300.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 1005. 1955 Brooklyn Dodgers signed baseball including Jackie Robinson. $3,000 to $5,000.
  • <b>Swann Auction Galleries Apr 15:</b> Frances Palmer, <i>Battle of Buena Vista,</i> chromolithograph, New York, 1847. $4,000 to $6,000.
    <b>Swann Auction Galleries Apr 15:</b> Antonio Colmenero de Ledesma, the earliest publication concerned solely with chocolate, first edition, Madrid, 1631. $10,000 to $15,000.
    <b>Swann Auction Galleries Apr 15:</b> Romans Bernard, <i>An Exact View of the Late Battle at Charlestown, June 17th, 1775,</i> engraving, 1776. $40,000 to $60,000.
    <b>Swann Auction Galleries Apr 15:</b> <i>A Short Narrative of the Horrid Massacre in Boston,</i> English edition, London, 1770. $12,000 to $18,000.
    <b>Swann Auction Galleries Apr 15:</b> William Soule, <i>Lodge of the Plains Indians,</i> albumen print, 1872. $1,500 to $2,500.
    <b>Swann Auction Galleries Apr 15:</b> Manuscript document to enforce New York’s “Agreement of Non-Importation” during the heyday of the Sons of Liberty, New York, 1769. $10,000 to $15,000.
    <b>Swann Auction Galleries Apr 15:</b> Clarence Mackenzie, <i>Drummer Boy of the 13th Regiment of Brooklyn,</i> salt print with applied color, 1861. $3,000 to $4,000.
    <b>Swann Auction Galleries Apr 15:</b> Moses Lopez, <i>A Lunar Calendar,</i> first Jewish calendar published in America, Newport, RI, 1806. $3,000 to $4,000.
    <b>Swann Auction Galleries Apr 15:</b><br>The Book of Mormon, first edition, Palmyra, 1830. $30,000 to $40,000.
  • <center><b>Doyle<br>Stage & Screen<br>Auction April 28</b>
    <b>Doyle, Stage & Screen:</b> Lot 12. OKLAHOMA! Celeste Holm's vocal score for Oklahoma! inscribed by Richard Rodgers. $3,000 to $5,000.
    <b>Doyle, Stage & Screen:</b> Lot 20. WILSON, DOOLEY. Fine inscribed photograph to Celeste Holm with Casablanca reference. $2,000 to $3,000.
    <b>Doyle, Stage & Screen:</b> Lot 79. Original production script of the Broadway musical CATS with notes written by Claude Tessier. $600 to $900.
    <center><b>Doyle<br>Stage & Screen<br>Auction April 28</b>
    <b>Doyle, Stage & Screen:</b> Lot 139. STEPHEN SONDHEIM. Autographed musical manuscript signed for "Broadway Baby" from Follies. $500 to $800.
    <b>Doyle, Stage & Screen:</b> Lot 180.<br>Cecil Beaton. Headdress for Liza at the Ball, from My Fair Lady, circa 1962. $700 to $900.
    <b>Doyle, Stage & Screen:</b> Lot 177.<br>Cecil Beaton. Set Design for The Gainsborough Girls, 1951. $2,000 to $3,000.
  • <b>Old World Auctions (April 28):</b><br>Lot 54. Fanciful engraving of earth's interior with magma core and errupting volcanoes (1682). $1500 to $1800.
    <b>Old World Auctions (April 28):</b><br>Lot 165. Rare state of Jefferys' influential map of New England in contemporary color (1755). $8000 to $9500.
    <b>Old World Auctions (April 28):</b><br>Lot 177. Mouzon's foundation map of the Carolinas (1775). $10000 to $13000.
    <b>Old World Auctions (April 28):</b><br>Lot 183. Very rare first state of De Fer's map of the Lower Mississippi Valley (1715). $20000 to $25000.
    <b>Old World Auctions (April 28):</b><br>Lot 253. Scarce Scottish edition based on Ellicott's plan of Washington, D.C. (1796). $2400 to $3000.
    <b>Old World Auctions (April 28):</b><br>Lot 313. Stunning view of Philadelphia by John Bachmann (1850). $3250 to $4250.
    <b>Old World Auctions (April 28):</b><br>Lot 338. Rare Civil War map based on Bucholtz map of Virginia (1862). $9500 to $12000.
    <b>Old World Auctions (April 28):</b><br>Lot 667. First map to accurately show Luzon in Philippines (1590). $6000 to $7500.
    <b>Old World Auctions (April 28):</b><br>Lot 682. Rare map of Shanghai International Settlement published just after WWI (1918). $7000 to $9000.
    <b>Old World Auctions (April 28):</b><br>Lot 738. Coronelli's superb map of the Pacific showing the Island of California (1697) Est. $2400 - $3000
    <b>Old World Auctions (April 28):</b><br>Lot 743. A cornerstone piece in the mapping of Australia and New Zealand (1726) Est. $6000 - $7500
    <b>Old World Auctions (April 28):</b><br>Lot 781. An uncommon signature during Jefferson's Governorship of Virginia (1779) Est. $9500 - $11000

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