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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.
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?
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!
Amazon agrees to agency pricing model with two more publishers, Jobs prophecy coming to pass
Time to add HarperCollins and Simon & Schuster to the list of publishers who've managed to strongarm Amazon into acceding to their supposedly industry-saving agency pricing model. Under the new agreement, you might still see e-book versions of bestsellers priced at the familiar $9.99, but the majority will be jumping up to $12.99 and $14.99 price points, depending on the publisher's discretion. This is essentially the same deal that brought Macmillan books back to Amazon.com, and the e-tailer is believed to also be in advanced negotiations with Hatchette Book Group and Penguin Group to ensure that no book is left behind. This development was cryptically predicted by Steve Jobs mere hours after the iPad's launch and then reiterated by Rupert Murdoch with regard to HarperCollins, so we can't exactly act surprised now, but we can at least grimace a little at having to face a more expensive e-reading future.
