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DoJ files price fixing suit against Apple for eBooks

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  • DoJ files price fixing suit against Apple for eBooks

    About time. When I first bought my Kindle, a new book could be bought for $9.99. Now they're usually $18-20, where it is quite literally cheaper to go to a bricks & mortar store and buy a hardcover book brand new than get an eBook.



    The U.S. sued Apple Inc. (AAPL), Hachette SA, HarperCollins, Macmillan, Penguin and Simon & Schuster in New York district court, claiming the publishers colluded to fix eBook prices.

    CBS Corp. (CBS)’s Simon & Schuster, Lagardère SCA’s Hachette Book Group and News Corp. (NWSA)’s HarperCollins settled their suits today, two people familiar with the matter said.

    Apple and Macmillan, which have refused to engage in settlement talks with the Justice Department, deny they colluded to raise prices for digital books, according to people familiar with the matter. They will argue that pricing agreements between Apple and publishers enhanced competition in the e-book industry, which was dominated by Amazon.com Inc. (AMZN)

    The Justice Department is probing how Cupertino, California-based Apple changed the way publishers charged for e- books on the iPad, a person familiar with the matter said last month. The Justice Department said it would announce an “unspecified” antitrust settlement today.

    Pearson Plc (PSON)’s Penguin Group (PNGN) was also preparing to fight the U.S. Justice Department in court if necessary, two people familiar with knowledge of the matter told Bloomberg News April 5.

    Gina Talamona, a spokeswoman for the Justice Department’s antitrust division, and representatives of Apple, Simon & Schuster, HarperCollins, Hachette, Penguin and Macmillan, which is a unit of Verlagsgruppe Georg von Holtzbrinck GmbH, declined to comment on prospects for lawsuits or settlements.
    Agency Model

    Apple, Penguin and Macmillan want to protect the so-called agency model that lets publishers -- not vendors -- set e-book prices, said the people on April 5, who declined to be identified because they weren’t authorized to speak publicly.

    The government is seeking a settlement that would let Amazon and other retailers return to a wholesale model, where retailers decide what to charge customers, the people said. A settlement could also void so-called most-favored nation clauses in Apple’s contracts that require book sellers to provide the maker of the iPad with the lowest prices they offer competitors, the people said.

    Consumers and competition could be hurt if several companies sign contracts that refer to prices charged to rivals even if those firms aren’t dominant, said Fiona Scott-Morton, a Justice Department economist, in an April 5 speech in Washington, signaling the antitrust division’s thinking on the issue of most-favored-nation clauses.
    More Control

    Upholding the agency model would give publishers more control over pricing and limit discounting, helping the industry avoid sales losses as more consumers buy books online.

    Sales of e-books rose 117 percent in 2011, generating $969.9 million, Publishers Weekly reported Feb. 27, citing estimates from the Association of American Publishers. By eliminating printing and shipping costs, digital versions generate higher profit margins than physical copies.

    When Apple came out with the iPad in 2010, it let publishers set their own prices for e-books as long as it got a 30 percent cut and the publishers agreed to offer their lowest prices through Apple. This agency model overtook Amazon’s practice of buying books at a discount from publishers and then setting its own price for e-reader devices.

    The results of a settlement or lawsuit wouldn’t necessarily kill the agency model or prevent other publishers from continuing to set their own prices for e-books, one of the people said.

    Random House Inc., based in New York, has agreements with Apple and Amazon that lets the book publisher set prices for e- books, the essence of the agency model. The company isn’t a part of the U.S. inquiry.
    "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
    Ben Kenobi: "That means I'm doing something right. "

  • #2
    I thought they already did this? Or was the previous articles that the DOJ was merely investigating Apple for anti-trust on this matter?
    “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
    - John 13:34-35 (NRSV)

    Comment


    • #3
      They were investigating.

      3 of the 5 publishing houses have already settled, apparently.
      "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
      Ben Kenobi: "That means I'm doing something right. "

      Comment


      • #4
        Does this mean I can look forward to prices dropping on the ebooks of those publishing houses
        “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
        - John 13:34-35 (NRSV)

        Comment


        • #5
          Yep.
          "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
          Ben Kenobi: "That means I'm doing something right. "

          Comment


          • #6
            **** Apple, and **** their hipster clientele.
            John Brown did nothing wrong.

            Comment


            • #7
              I like OS X.

              JM
              Jon Miller-
              I AM.CANADIAN
              GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

              Comment


              • #8
                **** Apple's pricing, ebooks should cost 5 bucks at most.
                Graffiti in a public toilet
                Do not require skill or wit
                Among the **** we all are poets
                Among the poets we are ****.

                Comment


                • #9


                  Best part:
                  6. Apple facilitated the Publisher Defendants' collective effort to end retail price competition by coordinating their transition to an agency model across all retailers. Apple clearly understood that its participation in this scheme would result in higher prices to consumers. As Apple CEO Steve Jobs described his company's strategy for negotiating with the Publisher Defendants, "We'll go to [an] agency model, where you set the price, and we get our 30%, and yes, the customer pays a little more, but that's what you want anyway." Apple was perfectly willing to help the Publisher Defendants obtain their objective of higher prices for consumers by ending Amazon's "$9.99" price program aslong as Apple was guaranteed its 30 percent margin and could avoid retail price competition from Amazon.
                  "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                  Ben Kenobi: "That means I'm doing something right. "

                  Comment


                  • #10
                    I've still never (knowingly and possibly unknowingly) bought an Apple product. I am not sure why I am proud of that fact.
                    One day Canada will rule the world, and then we'll all be sorry.

                    Comment


                    • #11
                      **** apple.
                      If there is no sound in space, how come you can hear the lasers?
                      ){ :|:& };:

                      Comment


                      • #12
                        Originally posted by Felch View Post
                        **** Apple, and **** their hipster clientele.
                        This
                        Speaking of Erith:

                        "It's not twinned with anywhere, but it does have a suicide pact with Dagenham" - Linda Smith

                        Comment


                        • #13
                          Originally posted by Dauphin View Post
                          I've still never (knowingly and possibly unknowingly) bought an Apple product. I am not sure why I am proud of that fact.
                          Me too. I do have an iPod but this was a gift from a former client (under Swiss tax laws accountants, I am sure it was all fine )
                          Speaking of Erith:

                          "It's not twinned with anywhere, but it does have a suicide pact with Dagenham" - Linda Smith

                          Comment

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