• <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.
  • <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.

Rare Book Monthly

Articles - April - 2016 Issue

Supreme Court Finally Puts an End to Long Running Apple-Amazon Price-Fixing Case

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U.S. Supreme Court brings an end to e-book price-fixing case.

After almost half a decade in court, the price-fixing case against Apple concerning cheap e-book prices has finally come to a conclusion. Apple is guilty as charged, they have to pay all settlements earlier reached with consumers, and accept a certain amount of monitoring of their behavior. The Supreme Court brought Apple's final appeal to a close in the quiet manner it frequently does with appeals. It simply declined to hear it.

 

This long-running case goes back to the early days of electronic books. Amazon cornered the retailing end of the e-book business by selling them cheaply, often at cost or even less. It made it impractical for others to enter the field. Amazon has long had a strategy of selling products very cheaply to corner a market, worrying about profits later.

 

Apple has no such give-away strategy, but wanted to sell e-books too. So, instead of matching Amazon's prices, it told several book publishers it would not sell their e-books unless they set retail prices at a higher level, rather than allowing their customers to set their own prices. This is legal, provided the publishers do not have an agreement among themselves all to set prices higher. That is price fixing, and this is what they did (they did not admit to it, but agreed to pay a hefty settlement). The question was whether Apple, as a retailer rather than another publisher, colluding with the publishers to set prices, also was guilty of price fixing.

 

That subtle difference is known as vertical rather than horizontal collusion. Horizontal means between equal players – in this case, fellow publishers. Vertical refers to different locations in the food chain - in this case, wholesaler versus retailer. Such collusion between horizontal players is automatically considered to be illegal price fixing. Lower courts had ruled in this case that such vertical collusion was automatically illegal too. Apple appealed based on other cases that indicated that in the case of alleged vertical collusion, a "rule of reason" must be used to determine whether this should be considered illegal. Apple has long maintained that their involvement was beneficial to competition, rather than harmful to it, because with higher prices, it made it possible for competitors to enter the field. They cited the fact that Amazon's share of the e-book market, once over 90%, has dropped to somewhere around 60%. E-books may be more expensive today, but by eliminating a virtual monopoly by Amazon, it prevents them from at some future date substantially raising prices to consumers as they are the only game in town.

 

Interestingly, some commentators believed Apple would win on appeal. The Appeals Court had upheld the District Court judgment against Apple on a 2-1 margin, with the dissenting judge citing the differences between vertical and horizontal collusion. They thought the Supreme Court would have a hard time ignoring those arguments. However, the Supreme Court acted as it frequently does. They get a great many appeals from the nine circuit courts, far more than they can handle. The result is they simply decline to take many of them on. They neither confirm nor reject the lower court decision, they simply allow it to stand. The Appeals Court verdict becomes the final verdict. So has it happened in this case between Apple and the Department of Justice, which brought this suit. It's over. The consumers who were alleged to have overpaid get their refunds, and Apple must pay for them. However, it should be noted that publishers may set the retail prices of their e-books wherever they like, should they so choose, as long as they do not conspire with each other to do so. Many now do set prices higher, meaning their prices are more than they were back in the day when Amazon controlled the market virtually alone.

Rare Book Monthly

  • <center><b>Arader Galleries<br>January Auction<br>January 23, 2021</b>
    <b>Arader Galleries, Jan. 23:</b> AUDUBON, John James. <i>Carolina Parrot, Plate 26.</i> London: Robert Havell, 1827-1838. $125,000 to $175,000.
    <b>Arader Galleries, Jan. 23:</b> AUDUBON, John James. <i>Fish Hawk or Osprey, Plate 81.</i> London: Robert Havell, 1827-1838. $145,000 to $175,000.
    <b>Arader Galleries, Jan. 23:</b> AUDUBON, John James. <i>Brown Pelican, Plate 421.</i> London: Robert Havell, 1827-1838. $75,000 to $100,000.
    <center><b>Arader Galleries<br>January Auction<br>January 23, 2021</b>
    <b>Arader Galleries, Jan. 23:</b> DE BRY, Johann Theodore, attributed to. Pair of Watercolor studies of Tulips. $40,000 to $60,000.
    <b>Arader Galleries, Jan. 23:</b> FUERTES, Louis Agassiz. <i>Alaskan Brown Bear.</i> Watercolor and gouache on board. $10,000 to $15,000.
    <b>Arader Galleries, Jan. 23:</b> HILL, Thomas. <i>Big Trees.</i> Oil on canvas. c. 1903. $40,000 to $60,000.
    <center><b>Arader Galleries<br>January Auction<br>January 23, 2021</b>
    <b>Arader Galleries, Jan. 23:</b> GOULD, John. <i>A Monograph of the Macropodidae or Family of Kangaroos.</i> London: by the author, August 1st 1841-May 1st 1842. $40,000 to $60,000.
    <b>Arader Galleries, Jan. 23:</b> GOULD, John. <i>A Monograph of the Odontophorinae, or Partridges of America.</i> London: Richard and John E. Taylor for the Author, [1844]-1850. $15,000 to $20,000.
    <b>Arader Galleries, Jan. 23:</b> JANSSONIUS, Joannes. <i>Atlantis majoris quinta pars, orbem maritimum seu omnium marium…</i> Amsterdam: Joannes Janssonius, 1652. $50,000 to $80,000.
    <center><b>Arader Galleries<br>January Auction<br>January 23, 2021</b>
    <b>Arader Galleries, Jan. 23:</b> DONCKER, Hendrik. <i>De Zee-Atlas ofte Water-Waereld, vertoonende alle de Zee-Kusten van het bekende deel des Aerd-Bodems.</i> Amsterdam: Henrick Doncker, [1658-1665]. $80,000 to $120,000.
    <b>Arader Galleries, Jan. 23:</b> BURR, David. <i>Map of the City and County of New York with the Adjacent Country.</i> Engraved map with original hand color. Ithaca, NY: Stone & Clark, 1839. $9,000 to $12,000.
    <b>Arader Galleries, Jan. 23:</b> CURRIER, Nathaniel and IVES, James Merritt. <i>The City of New York.</i> Lithograph with original hand color. New York: Currier & Ives, 1884. $15,000 to $20,000.

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