• <b>Swann Auction Galleries:</b> Abraham Lincoln, Emancipation Proclamation by the President of the United States, pamphlet, 1862. Sold May 7 for $11,875.
    <b>Swann Auction Galleries:</b> Family papers of the distinguished Ruby-Jackson family, Portland, Maine, 1853-1961. Sold May 7 for $4,000.
    <b>Swann Auction Galleries:</b> E. Simms Campbell, A Night-Club Map of Harlem, in inaugural issue of Manhattan, 1933. Sold May 7 for $27,500.
    <b>Swann Auction Galleries:</b> Papers of the comedian Nipsey Russell, including a letter from MLK, 1929-2000. Sold May 7 for $17,500.
    <b>Swann Auction Galleries:</b> Edmonia Lewis, prominent sculptor, carte-de-visite by Henry Rocher, c. 1866-71. Sold May 7 for $5,250.
    <b>Swann Auction Galleries:</b> The Black Panther: Black Community News Service, 44 issues, San Francisco, 1967-1971. Sold May 7 for $6,500.
    <b>Swann Auction Galleries:</b> Ernest Withers, I Am A Man, Sanitation Workers Strike, silver print, 1968. Sold May 7 for $5,000.
    <b>Swann Auction Galleries:</b> March For Freedom Now!, poster for a protest on the 1960 Republican Convention. Sold May 7 for $17,500.
  • <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [SUPREME COURT JUSTICES]. A very extensive collection of 203 letters, documents and signatures. A COMPLETE COLLECTION OF THE SUPREME COURT JUSTICES, JOHN JAY THROUGH WILLIAM REHNQUIST. $20,000 to $30,000.
    <b>Hindman Auctions, Jun. 23:</b> ZATTA, Antonio. <i>Atlante Novissimo.</i> Venice: Antonio Zatta, 1775-1785. ONE OF THE FINEST WORLD ATLASES issued in Italy in the 18th century. $15,000 to $20,000.
    <b>Hindman Auctions, Jun. 23:</b> [CHICAGO HISTORY] -- [COLUMBUS, Christopher]. Monumental historiated and embroidered panel of the MADE FOR THE 1893 COLUMBIAN EXHIBITION IN CHICAGO. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MONASTERY HILL BINDING]. AINSWORTH, William Harrison. <i>Historical Romances.</i> Philadelphia, n.d. A fine early exhibition binding by the Monastery Hill Bindery. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> [ABSTRACT EXPRESSIONISM]. New York: Tiber Press, [1960]. 4 volumes. LIMITED EDITION, number 119 of 200 COPIES, EACH SIGNED BY THE POET AND ARTIST. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> GRATIANUS, the Canonist. <i>Decretum.</i> Venedig: Petrus de Plasiis, 25 January 1483. Second quarto edition. FIRST PAGE ILLUMINATED BY A CONTEMPORARY ARTIST. $4,000 to $6,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [ABOLITIONISTS]. <i>William Lloyd Garrison. The Story of his Life.</i> New York, 1885. ORIGINAL DOCUMENTS FROM SEVERAL NOTABLE ABOLITIONISTS neatly bound in throughout. $4,000 to $6,000.
    <b>Hindman Auctions, Jun. 23:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740... 1744.</i> London: John and Paul Knapton for the author, 1748. FIRST EDITION. $3,000 to $4,000.
    <b>Hindman Auctions, Jun. 23:</b> Blank railroad ledger, "Compagnie des Chemins de fer de l'Ouest" (spine title). N.p., 1909. A MONUMENTAL 20th-CENTURY ART NOUVEAU BINDING. $1,000 to $1,500.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MINIATURE ROOM] -- [FLEMING, John (1910-1987)]. Miniature of his 57th Street Library and Gallery. JOHN F. FLEMING'S BARONIAL 57TH STREET GALLERY. $1,500 to $2,500.
    <b>Hindman Auctions, Jun. 23:</b> [SANGORSKI & SUTCLIFFE BINDING]. CHESTERTON, G.K. <i>Five Types: A Book of Essays.</i> London, 1910. LIMITED EDITION, number 3 of 30 copies on vellum SIGNED BY GEORGE SUTCLIFFE. $400 to $500.
    <b>Hindman Auctions, Jun. 23:</b> [KELMSCOTT PRESS]. <i>When Adam Delved and Eve Span....</i> [Ancoats Brotherhood, 1894-5]. LIMITED EDITION, one of 250 copies printed. $500 to $700.
  • <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Autographs<br>May 27 & 28, 2020</b>
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Darwin (Charles). <i>On the Origin of Species,</i> 1st edition, London, 1859. Original cloth, one of 1,250 copies. £15,000 to £25,000.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> The Gentleman’s Magazine, or Monthly Intelligencer, 276 volumes, 1731-1894. With all the America maps, and the first British publication of the US Declaration of Independence. £5,000 to £7,000.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Washington (John). <i>Eskimaux and English Vocabulary, for the Use of the Arctic Expedition,</i> 1st edition, London, 1850. Sabin 101906. £3,000 to £5,000.
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Autographs<br>May 27 & 28, 2020</b>
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Churchill (Winston S.). <i>Ian Hamilton’s March [and] London to Ladysmith,</i> 1st editions, 1900. Signed by the author. £3,000 to £4,000.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Wallace (Alfred Russel). <i>Is Mars Habitable?,</i> 1st edition, London, 1907. Extremely rare in the dust jacket. £2,000 to £3,000.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Montes de Oca (Rafael). <i>Ensayo ornitologico de los Troquilideos o Colibries de Mexico,</i> 1st edition, Mexico City, 1875. With 12 hand-coloured lithographs of hummingbirds. £1,000 to £1,500.
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Autographs<br>May 27 & 28, 2020</b>
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Agrippa (Camillo). <i>Trattato di scienza d’arme,</i> Venice, 1568. One of 50 lots from the Leon Paul Library of Fencing. £1,000 to £1,500.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Clarke (Sir Alured, 1744-1832). Manuscript document signed as commander of British forces in Georgia during the American War of Independence, Savannah, 18 June 1782. £300 to £500.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> [Slave Narrative]. <i>The Life and Sufferings of Leonard Black, a Fugitive from Slavery,</i> 1st edition, New Bedford MA, 1847. £300 to £500.
    <center><b>Dominic Winter Auctioneers<br>Printed Books, Maps & Autographs<br>May 27 & 28, 2020</b>
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Finaughty (William). <i>The Recollections of William Finaughty, Elephant Hunter 1864-1875,</i> 1st edition, Philadelphia, [1916]. One of 250 copies. £500 to £800.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> Gold (Charles). <i>Oriental Drawings: Sketched between the Years 1791 and 1798,</i> 1st edition, 1806. With 48 fine hand-coloured aquatints. £3,000 to £5,000.
    <b>Dominic Winter Auctioneers 27/28 May 2020:</b> George II (1683-1760) & William Cavendish, 4th Duke of Devonshire (1720-1764). Manuscript exchequer document signed, 1757. £700 to £1,000.
  • <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> INCUNABULA -Fridolin, Stephan. <i>Schatzbehalter.</i> With 96 (including 5 repeated) full-page text woodcuts. Nürnberg, 1491.<br>€ 39 470 / 57 020
    <b>Koller, Jun. 15:</b> Kokoschka, Oskar. <i>Die Träumenden Knaben (The Dreaming Boys).</i> With 11 original lithographs. Vienne, 1908.<br>€ 35 090 / 52 630
    <b>Koller, Jun. 15:</b> Third Bessarion Master (active in Lombard in the third quarter of the 15th century). Leaf from a gradual, 1455-60.<br>€ 21 930 / 30 700
    <b>Koller, Jun. 15:</b> Picasso, Pablo - Delgado, José alias Pepe Illo. <i>La Tauromaquia o arte de torear.</i> With 26 original aquatints and 1 original etching by Picasso.<br>€ 21 930 / 35 090
    <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> Linschoten, Jan Huygen van. <i>Itinerario, Voyage ofte Schipvaert naer Oost ofte Portugaels Indien…</i> Amsterdam, 1595.<br>€ 17 540 / 26 320
    <b>Koller, Jun. 15:</b> CHILDREN’S BOOKS - Meggendorfer, Lothar. <i>Nah und Fern. Ein Tierbilderbuch zum Ziehen.</i> With 8 coloured, lithographed plates.<br>€ 530 / 790
    <b>Koller, Jun. 15:</b> DANSE MACABRE - Bille, Edmond. <i>Une Danse macabre.</i> With 20 coloured woodcuts. Lausanne, 1919. Large folio.<br>€ 610 / 880
    <b>Koller, Jun. 15:</b> Dexel, Walter. A collection of 7 invitation cards from the Kunstverein Jena, each typographically designed by W. Dexel. Jena, 1924-1928. Each 10.5 x 14.8 cm.<br>€ 530 / 790

Rare Book Monthly

Articles - April - 2014 Issue

Apple Appeals Judgment It Engaged in E-Book Price-Fixing Scheme

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Apple appeals the judgment against it.

As promised, Apple has filed a blistering appeal against a federal court decision that held it had participated in a conspiracy with book publishers to fix the prices of electronic books at artificially high levels. “Apple and the Publisher Defendants agreed to work together to eliminate retail price competition in the e-book market and raise the price of e-books above $9.99,” wrote District Court Judge Denise Cote in her opinion. Just the opposite, responded Apple. “Apple’s entry as an e-book retailer marked the beginning, not the end, of competition.” Who is right? Stay tuned.

 

Here is what we know. In late 2009, Amazon controlled 90% of the e-book market. Part of their strategy for gaining such control was low pricing, sometimes selling books at less than their cost, particularly with the most popular titles. It made it extremely difficult for others to enter the business.

 

While book publishers were able to sell these e-books to Amazon for the prices they wanted, they were still unhappy. Two things bothered them. One was they feared Amazon's unexpectedly low e-book prices would interfere with their ability to sell printed books, a more lucrative market. Secondly, no one likes to have most of their sales go to a single customer. It can give that customer enormous leverage over the supplier in future negotiations. That is a very risky position for any supplier.

 

Evidently, various publishers were aware that their compatriots were similarly distressed by this situation, though we do not know how much direct communication there was between them. After they, and Apple, were sued by the Department of Justice and others for a conspiracy to fix prices, all five publishers agreed to pay large sums in settlement. Whether they settled out of guilt, or, as one publisher claimed, simply because the potential financial risk of a loss in court was so great it would put them out of business, is uncertain.

 

In December of 2009, Apple approached the publishers with a plan to open an online e-book store, to go along with its newly introduced tablet computer, which can also be used as an e-reader. However, Apple concluded this would not be feasible unless two conditions were met. First, it must make a reasonable profit. Apple has no interest in building market share by losing money, as Amazon does. Secondly, it did not want to have anyone else undercutting their prices, making them look bad. If Apple needed a 30% profit, while Amazon sold at cost, naturally Apple's price would be 30% more for the same books, an embarrassing situation. Apple may charge a high price for its merchandise, but that is because it is unique, Apple-branded merchandise. It does not want to sell the same thing as Amazon for a much higher price.

 

Apple explained its requirements to the publishers. What it wanted was for the publishers to adopt “agency” pricing. At the time, the publishers were selling their e-books (primarily to Amazon) at a set wholesale price. Amazon then set the retail price. The bookseller was free to go as low (or high) as it wanted, depending on how much or little it was willing to make on each sale. In agency pricing, however, the publisher sets the retail price. All retailers must sell their books for at least that much. The retail prices they set afforded a 30% commission for the retailers. Of course, this meant that books Amazon was selling at cost or a loss would rise by at least 30%.

 

Exactly what happened next is unclear. What we do know is that a few weeks later, all at once, the five publishers switched over to agency pricing. Amazon had little choice but to accede. Meanwhile, Apple began selling e-books. According to Apple, between themselves and Barnes & Noble (who could also now afford to sell e-books), they control 30%-40% of the market, meaning Amazon's share has dropped substantially from its previous 90%.

 

So the question becomes, what did Apple do in that period between telling the publishers individually what they demanded to sell e-books and the publishers switching to Apple's required agency model? Apple had a legal right to tell publishers it would only sell if prices were set so they could make 30% while no one else could sell for less. That is not illegal price fixing. What is illegal is for them to act in concert with multiple publishers to set prices – that is a legal “conspiracy” to fix prices. Even if the publishers conspired with each other to set prices, which is illegal, that does not necessarily mean Apple conspired with them if Apple acted independently with each. However, if, as the court ruled, in the Department of Justice's words, Apple was a “ringmaster” in this conspiracy, then they have violated the law.

 

The court looked at the evidence and said, in effect, of course Apple was pulling the strings. There is something in the law called a “per se” standard that says there is an antitrust violation where the evidence is obvious. And then, there is another standard where it is not so obvious, but if the evidence establishes participation in a conspiracy, it is also a violation. The court focused on “per se” guilt, but said Apple was guilty under both standards.

 

Apple responded that the evidence does not establish such participation, and that the law requires clear evidence, not just actions that are consistent with a conspiracy. The demands it made on publishers, Apple said, were strictly normal ones to meet its business needs, and did not require a conspiracy. They say they simply told the publishers what they needed in order to sell e-books, and left it to the publishers to decide whether to meet their requirements. If the publishers conspired among themselves, that was not Apple's doing. They neither participated nor encouraged the publishers to act in concert.

 

Apple also challenged whether the result of their requirements was anti-competitive anyway. They cite the fact that Amazon's share has substantially decreased, while new vendors now offer e-books for sale. That is pro-competition, not a hindrance to it, Apple argues. There are now more retailers selling e-books. On prices, Apple also cited statistics that e-book prices, as a whole, have come down. Self-published books, in particular, Apple claims, have seen their prices drop, as the 30% profit Apple demands leaves the self-publishers 70%. Apple says this is twice what Amazon used to give them before Apple began carrying their books, enabling these publishers to lower their retail prices. And one more thing – Apple says they did not demand publishers lower retail prices, only that the minimum price leave them a 30% margin. Publishers could set the prices at $9.99 or even less if they chose, so long as the wholesale price was 30% less. What appears to have happened, if Apple's statistics are right, is that overall e-book prices came down, though the prices for the most popular books, which Amazon used to sell at little or no profit, went up.

 

The Department of Justice has said it will respond to Apple's appeal in May. You can be sure they will give a far less benign account of Apple's actions. Judge Cote's decision paints a series of discussions between Apple and the publishers that implies that firm was knowingly leading them down the road of joint price setting, even while holding separate conversations. It will then be up to the Appeals Court to confirm that ruling, overturn it, or order a new trial. One thing you can count on – Apple will not give up easily or go quietly into the night. This case may one day find itself in the Supreme Court.

Rare Book Monthly

  • <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> Extremely rare, signature of Patrick Ferguson, famed rifle inventor and British officer. $20,000 to $40,000.
    <b>Morphy Auctions, May 27:</b> 1776 Battle of Sullivan's Island watercolor, attributed to James Peale. 11 1/2 x 17 3/16. $10,000 to $25,000.
    <b>Morphy Auctions, May 27:</b> John Hancock-signed commission of Ensign Aaron Butler, 1777. $8,000 to $16,000.
    <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> A Short Narrative of the Horrid Massacre in Boston, Perpetrated in the Evening of the Fifth Day of March 1770… London, [1770]. $7,000 to $15,000.
    <b>Morphy Auctions, May 27:</b> Original manuscript of 1761 Massachusetts Bay Tax Act. $8,000 to $12,000.
    <b>Morphy Auctions, May 27:</b> Wine receipt for Washington's Council of War, May 24, 1778, leading to Monmouth Battle. $8,000 to $12,000.
    <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> [Siege of Boston]. “A Muster Roll of The Company Under the Command of Captain Josiah King in Colonel David Brewer’s Regiment, to the First of August, 1775.” $5,000 to $10,000.
    <b>Morphy Auctions, May 27:</b> Congressman Brigham describes George Washington's Mount Vernon estate and its slaves. $3,000 to $6,000.
    <b>Morphy Auctions, May 27:</b> [British Army. Uniforms and Organizaton] "Gen[era]l. Disposition of The King’s Troops with the Number, Uniform and Colonel [of Each Regiment, 1763]. $3,000 to $5,000.
    <center><b>Morphy Auctions</b><br>Founders & Patriots: Arms, Militaria, Documents, Artwork & Rare Imprints from the Era of the American Revolution & the War of 1812<br><b>May 27, 2020</b>
    <b>Morphy Auctions, May 27:</b> Revolutionary era paper money, continental and state (lot of 55). $2,500 to $5,500.
    <b>Morphy Auctions, May 27:</b> Rare 1782 loyalist military passport from Charleston, SC. $1,500 to $3,000.
    <b>Morphy Auctions, May 27:</b> [Stamp Act.] Rare 1765 stamp for 2 shillings and 6 pence. $1,250 to $2,500.
  • <b>Gonnelli:</b> Books & Graphics 26th – 27th – 28th May 2020.
    <b>Gonnelli:</b> May 27th, Travel and exploration.
    <b>Gonnelli:</b> May 27th, Musical books, autographs & printed music.
    <b>Gonnelli:</b> May 26th, A collection of Piranesi’s etchings. € 50 to € 16000.
    <b>Gonnelli:</b> May 28th, Books from XV to XX Century.
    <b>Gonnelli:</b> May 28th, Hansel and Gretel and other stories by the brothers Grimm illustrated by Kay Nielsen. € 1000.
    <b>Gonnelli:</b> May 28th, Artists’ books from Dalì, Marini & others.

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