E-bookPriceFixing
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Daily Update for June 3, 2013
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Judge approves settlement for Hachette, Simon & Schuster and HarperCollins in e-book lawsuit
It's a big day in the world of e-books, and not just for the crew at Amazon. Today, Judge Denise Cote approved settlement terms for three of the publishers accused by the Justice Department of price fixing. Hachette Book Group, Simon & Schuster and HarperCollins each agreed to settle with the government, rather than face trial -- as Apple, Macmillian and Penguin Group will do in June of 2013. As part of the settlement agreement, each of the publishers will be required to terminate their contracts with Apple within one week. Similarly, they will be required to end contracts with other e-book retailers where clauses exist that would hinder the seller's ability to set pricing. Further, the settling companies won't be able to form contracts for the next two years with e-book retailers that would hinder the seller's discretion to set pricing. During the settlement approval period, individuals and companies alike were given 60 days to weigh in on the matter, which included objections from the American Booksellers Association, the Authors Guild and Barnes & Noble. Ultimately, Judge Cote determined that arguments against the settlement were "insufficient" to block the approval.
Senator Schumer calls on DOJ to drop e-book price-fixing suit
Believe it or not, but that whole e-book price fixing fiasco is still an ongoing issue for the Justice Department. New York's senior senator, Chuck Schumer wishes it wasn't however, he simply wants the DOJ to drop the case and walk away. In a lengthy (factually questionable) op-ed in the Wall Street Journal the distinguished gentleman from the great state of New York said that a successful suit against Apple (he didn't bother to call out the others involved) would set the e-book industry back several years and allow Amazon to dominate the market unchallenged. He also makes a broader call for the administration to develop more clear guidelines for deciding what non-merger cases to pursue. Unfortunately, we have to point out, that his argument is undercut by some questionable data referenced in the editorial. According to Schumer Amazon once owned 90 percent of the e-book market -- a number that, if true, most certainly predates the release of the Nook. This is followed by an insinuation that Apple all but single-handedly toppled the retail giant with the launch of iBooks, cutting Amazons market share to just 60 percent. While the latter number sounds about right we'd hesitate to lay responsibility for that 30 point drop entirely at Apple's feet. To dig into Schumers op-ed yourself hit up the source link.
E-book price fixing trial set for 2013: Apple, Macmillan and Penguin prepare for courtroom brawl
The Justice Department meant business when it accused Apple and five other publishers of price-rigging e-books, and are officially taking Cupertino and two publishers to court. In a hearing on Friday, Judge Denise Cote set a bench trial for June 3, 2013, putting Apple, Macmillan and Penguin Group on the defense. The government's allegations focus largely on agency pricing, which sees booksellers taking a 30 percent cut of each sale in lieu of buying the books at wholesale and setting their own prices. Apple and Macmillan have already denied the Justice Department's claims, of course -- but that wasn't on the stand, was it?
Australia pondering joining e-book lawsuit bandwagon
If Apple and the Big Five thought they only had to contend with a federal e-book lawsuit in the US, they'd better think again. Australia's Competition and Consumer Commission is inviting local businesses to raise formal concerns as it weighs up launching its own judicial broadside against the alleged cartel. The Commission refused to comment publicly on its plans beyond saying that it was "aware of the latest developments" and would listen to local resellers who had concerns about the Australian market. While Simon & Schuster, Hachette and HarperCollins made back-room deals with the DoJ yesterday, they'd still be involved (at least initially) with the second front of this conflict. Meanwhile, the threat remains of the European Union joining in: turning it from a spot of local trouble into a global courtroom battle for the future of e-book pricing.
Justice Department formally charges Apple, big five publishers in e-book price fixing case (update)
The Justice Department has formally decided to sue Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster over alleged e-book price-rigging. Apple and Macmillan have already denied any wrongdoing, saying that the agreements were enhancing competition in an industry previously dominated by Amazon. The case centers around a deal to switch to agency pricing, where the vendor takes a 30 percent cut of each sale rather than the wholesale model which allows stores to sell books at rock-bottom prices. It was previously believed that the publishers had cut back-room deals with the Government agency after bowing to pressure to withdraw Cupertino's "favored nation" status. If successful, the DoJ will allow Amazon and Barnes and Noble amongst others to return to the wholesale model to sell best-sellers at a loss, something that the big five are desperate to avoid, and will look to fight the battle in court. Update: The PDF of the DoJ's filing is now available online -- it makes for fascinating reading. Update 2: Bloomberg is now reporting that Simon & Schuster, Lagardère SCA's Hachette Book Group and HarperCollins have settled with the DoJ over unspecified terms. Hasty!
