Wednesday, April 11, 2012

Publishers and Apple Inc Being Sued for Anti-Trust Violations

The past two days have seen some real shake ups in the e-book market.  Yesterday, it was reported that the “Big Six” publishers—HarperCollins, Random House, Hachette, Simon & Schuster, Penguin, and Macmillan—are refusing to sign new contracts with Amazon.  The online bookseller is looking to increase the co-op promotional fees (money the publishers pay a bookseller to promote their titles), and publishers are refusing to sign on to the increase.

Perhaps even more significant is the anti-trust suit filed today by the US Department of Justice against Apple Inc and five of the Big Six publishers, HarperCollins, Hachette, Simon & Schuster, Penguin, and Macmillan.  The claim is that the publishers colluded amongst themselves and with Apple to set e-book prices.  In anticipation of the launch of the iPad in 2010, publishers started using the agency model in 2009 when selling their books to e-book retailers.  In the agency model, publishers set the price of books and the retailer takes a percentage (usually 30%) cut of the sale.  This differs from the traditional wholesale model where publishers would sell books to retailers who would then set whatever price they wanted.

In his letter supporting the publishers, President of the Authors Guild, Scott Turow, explains the benefits of the agency model: “Two years after the agency model came to bookselling, Amazon is losing its chokehold on the e-book market: its share has fallen from about 90% to roughly 60%. Customers are benefiting from the surprisingly innovative e-readers Barnes & Noble's investments have delivered, including a tablet device that beat Amazon to the market by fully twelve months.  Brick-and-mortar bookstores are starting to compete through their partnership with Google, so loyal customers can buy e-books from them at the same price as they would from Amazon.  Direct-selling authors have also benefited, as Amazon more than doubled its royalty rates in the face of competition.”

However, Attorney General Eric Holder sees the publishers’ business model differently.  He cites secret business luncheons attended by publishers to discuss fixing the prices of e-books.  “As a result of this alleged conspiracy, we believe that consumers paid millions of dollars more for some of the most popular titles,” he said.

In addition to the federal suit, 16 states, including Ohio, have also filed their own anti-trust suits against publishers.  Several settlements have already been reached at both the federal and state levels, but Apple, Macmillan, and Penguin insist they will keep fighting the charges in court.

Find more about the anti-trust suits at these sites:

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