• <b>Swann Auction Galleries Jan 28:</b> Joseph F. Kernan, <i>College Football,</i> oil on canvas, <i>The Saturday Evening Post</i> cover, 1932. $25,000 to $35,000.
    <b>Swann Auction Galleries Jan 28:</b> Joseph C. Leyendecker, <i>Golfer Lighting a Cigarette,</i> oil on canvas, c.1920. $7,000 to $10,000.
    <b>Swann Auction Galleries Jan 28:</b> Howard Chandler Christy, <i>In the Field,</i> charcoal & watercolor, published in <i>Scribner’s,</i> 1902. $8,000 to $12,000.
    <b>Swann Auction Galleries Jan 28:</b> N.C. Wyeth, <i>Standish Reading,</i> pen & ink, for <i>The Courtship of Miles Standish,</i> 1920. $5,000 to $7,500.
    <b>Swann Auction Galleries Jan 28:</b> Johnanna Stewart Mapes, <i>A Fairy Book,</i> conté crayon, for <i>St. Nicholas Magazine,</i> 1907. $2,500 to $3,500.
    <b>Swann Auction Galleries Jan 28:</b> Arnold Lobel, pen & ink, for <i>The Frog & Toad Coloring Book,</i> 1981. $3,000 to $4,000.
    <b>Swann Auction Galleries Jan 28:</b> Antonio Lopez, <i>Today’s Fashions,</i> study for <i>The New York Times,</i> 1981. $2,500 to $3,500.
    <b>Swann Auction Galleries Jan 28:</b> Charles Schulz, <i>“I’ll have to go back to the house…I forgot my rubbers…”</i> pen & ink, original 4-panel <i>Peanuts comic,</i> 1960. $8,000 to $12,000.
    <b>Swann Auction Galleries Jan 28:</b> Constantin Alajalov, <i>Family Tree,</i> watercolor and gouache, cover for <i>The New Yorker,</i> 1938. Estimate $3,000 to $4,000.
  • <b><center>Christie’s<br>Paul Destribats:<br>Une Bibliothèque des Avant-gardes<br>Part III<br>2-3 and 4 February 2021</b>
    <b><center>Christie’s<br>Paul Destribats:<br>Une Bibliothèque des Avant-gardes<br>Part III<br>2-3 and 4 February 2021</b>
    <b><center>Christie’s<br>Paul Destribats:<br>Une Bibliothèque des Avant-gardes<br>Part III<br>2-3 and 4 February 2021</b>
  • <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Rare 1778 Engraved map of Colonial Philadelphia after George Heap (1714-1752) and Nicholas Scull (1687-1761). $10,000 to $12,000.
    <b>Case Antiques, Jan. 30-31:</b> Author signed and inscribed <i>THE FOUNTAINHEAD,</i> stated First Edition, by Ayn Rand, published by The Bobbs-Merrill Company, Indianapolis, New York, 1943. $2,000 to $2,400.
    <b>Case Antiques, Jan. 30-31:</b> John James Audubon (American, 1785-1851) hand-colored aquatint engraving, "Yellow-billed Magpie, Stellers Jay, Ultramarine Jay and Clark's Crow," Plate Number CCCLXII. $1,800 to $2,200.
    <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Andrew Jackson (1767-1845) autograph letter, signed, as President, to Nathan Reid detailing Jackson’s intervention on behalf of Reid's grandson. $1,800 to $2,200.
    <b>Case Antiques, Jan. 30-31:</b> Edward Steichen (Luxembourg/American, 1879-1973) portfolio of photographs, "The Early Years 1900-1927, 12 Hand-Gravure Prints" #41/1000, printed in 1981. $1,400 to $1,600.
    <b>Case Antiques, Jan. 30-31:</b> President John Fitzgerald Kennedy, TLS, one-page typed letter on The White House, Washington, D.C., stationary to John Marshall Butler. $1,400 to $1,600.
    <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Two Pre-Civil War slave related letters, including one written by Mariah, a female domestic slave of James Vincent Musgrove (1814-1890) to her daughter. $1,000 to $1,200.
    <b>Case Antiques, Jan. 30-31:</b> Two author signed and inscribed Ayn Rand related books, including one Rand signed <i>WE THE LIVING,</i> London 1940 edition. $1,000 to $1,200.
    <b>Case Antiques, Jan. 30-31:</b> PLAN DE LA VILLE DE MEMPHIS (ETATS-UNIS) 40,000 HABITANTS pen and ink with watercolor hand drawn drainage system map, circa 1870. $700 to $900.
    <center><b>Case Antiques<br>Two-Day Winter Auction<br>Jan. 30 & 31, 2021</b>
    <b>Case Antiques, Jan. 30-31:</b> Scarce Mezzotint portrait of Thomas Pownall, Colonial Governor of the Province of Massachusetts Bay (1757-1760) and South Carolina (1760). $600 to $700.
    <b>Case Antiques, Jan. 30-31:</b> VIEW OF NORFOLK FROM COSPORT, VIRGINIA, John Hill, engraver, after John Shaw (U.K., 1776-1832). $600 to $700.
    <b>Case Antiques, Jan. 30-31:</b> THE BURNING OF THE MERCHANT'S EXCHANGE, NEW YORK CITY -THE GREAT FIRE OF DECEMBER, 1835. Scarce color lithograph, a 1909 reissue of the original 1836 print. $500 to $700.

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>Il Ponte Casa d'Aste<br>Books and Manuscripts<br>26 January 2021</b>
    <center><b>Il Ponte Casa d'Aste<br>Books and Manuscripts<br>26 January 2021</b>
    <center><b>Il Ponte Casa d'Aste<br>Books and Manuscripts<br>26 January 2021</b>
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Schedel (Hartmann). <i>Liber Chronicarum,</i> first edition, Nuremberg, Anton Koberger for Sebald Schreyer and Sebastian Kammermeister, 1493. £30,000 to £50,000.
    <b>Forum Auctions, Jan. 28:</b> [Greek Orthodox Church].- <i>Menaion,</i> manuscript in Greek, on paper, in Greek letters, [Eastern Mediterranean], [c. 1400]. £5,000 to £7,000.
    <b>Forum Auctions, Jan. 28:</b> American Revolution.- Loyalist's cow powder horn, engraved with the cypher "GR" for George III surmounted by a crown, an inscription, and on reverse an engraving of the "North River" [Hudson River], 1777. £5,000 to £7,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Illuminated prayer book.- <i>Maria Carcer y Trigueros... Santa Misa y Oraciones,</i> illuminated manuscript in Spanish, on paper, [c. 1850]. £5,000 to £7,000.
    <b>Forum Auctions, Jan. 28:</b> Hardy (Thomas). <i>The Mayor of Casterbridge,</i> 2 vol., first edition in book form, original cloth, 1886. £2,000 to £3,000.
    <b>Forum Auctions, Jan. 28:</b> [Austen (Jane)]. <i>Emma: A Novel,</i> first edition, Printed for John Murray, 1816. £7,000 to £10,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Brontë (Charlotte). <i>Jane Eyre. An Autobiography,</i> 3 vol., first edition, Smith, Elder and Co., 1847. £10,000 to £15,000.
    <b>Forum Auctions, Jan. 28:</b> Cruikshank (George). <i>The Road to the Derby,</i> one of two proof copies, Raphael Tuck & Sons, 1882. £600 to £800.
    <b>Forum Auctions, Jan. 28:</b> Meunier (Charles, binder).- Gruel (Leon). <i>Manuel Historique et Bibliographique de l'Amateur de Reliures,</i> 2 vol., Paris, 1887.-1905. £3,000 to £4,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>28 January 2021</b>
    <b>Forum Auctions, Jan. 28:</b> Burne-Jones (Sir Edward). <i>The Work of Edward Burne-Jones,</i> edited by Philip Burne-Jones, one of 200 copies, [c.1900]. £4,000 to £6,000.
    <b>Forum Auctions, Jan. 28:</b> Nazraeli Press.- <i>Six by Six,</i> 36 vol. [a complete set], one of 100 sets, each with signed photograph, Portland, Or., 2010-16. £10,000 to £15,000.
    <b>Forum Auctions, Jan. 28:</b> Australasia.- Péron (Francois) and Freycinet. <i>Voyage de Découvertes aux Terres Australes,</i> 5 vol. including Atlas, second edition, Paris, 1824. £6,000 to £8,000.

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