• <b><center>Doyle<br>Rare Books, Autographs & Maps<br>September 23, 2021</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 20. ADAMS, JOHN QUINCY. Letter to the editors of the Boston Atlas on slavery and its political ramifications, 1842. $20,000 to $30,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 208. HEMINGWAY, ERNEST. <i>A Farewell To Arms.</i> New York: Charles Scribner's Sons, 1929. First edition. $2,000 to $3,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 237. ADDAMS, CHARLES. Original drawing "Now Remember-act casual." $5,000 to $7,000.
    <b><center>Doyle<br>Rare Books, Autographs & Maps<br>September 23, 2021</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 4. SMITH, ADAM. <i>An inquiry into the nature and causes of the wealth of nations.</i> Philadelphia, 1789. The first American edition. $4,000 to $6,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 131. BEETHOVEN, LUDWIG VON. <i>Cinquieme Sinfonie en ut mineur: C Moll de Louis Van Beethoven. Oeuvre 67.</i> First edition of the complete score. $3,000 to $5,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 73. Chinese Export Painting. Album of twenty-three original Chinese natural history studies of flowers and insects. Likely Canton: circa 1850. $2,000 to $3,000.
    <b><center>Doyle<br>Rare Books, Autographs & Maps<br>September 23, 2021</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 241. GOREY, EDWARD. Original drawing "Cat Drawing Wallpaper." Signed in Pencil in lower right margin. $2,000 to $4,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 36. LINCOLN, ABRAHAM. Autograph note signed instructing Edwin Stanton to meet with the important African American abolitionist and officer Martin Delany. [Washington:] 21 February 1865. $8,000 to $12,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 112. JONSON, BEN. <i>Workes</i>. London: William Stansby, 1616; Together with <i>Workes.</i> London: Richard Meighen,1640-41. $7,000 to $10,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 161. STURGIS, LEE. <i>Salmon Fishing on Cain River, New Brunswick.</i> (Chicago:) Privately printed (for the author by Ralph Fletcher Seymour), 1919. First edition. $3,000 to $5,000.
  • <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Rosellini (Ippolito). <i>I Monumenti dell Egitto e Della Nubia,</i> Plate Volumes 1, 11 & 111, 3 vols. Elephant folio. €50,000 to €80,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Curtis (William), 1746 - 179, & other Editors. <i>The Botanical Magazine: or, The Flower Garden Displayed.</i> London 1793 - 1982-83. Together 184 vols. [with] other botanical material. €30,000 to €40,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Berkeley (George). <i>A Treatise Concerning the principles of Human Knowledge, wherein the chief Causes of Error and Difficulty in the Sciences…</i> Part I, Dublin, 1710 Rare First Edn. €15,000 to €20,000.
    <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Ruskin (John). A large finely executed Pencil Drawing, captioned <i>Oxford Cathedral, The Choir,</i> & Signed 'J. Ruskin Ch. Ch. 1838. €15,000 to €20,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Sir Edward L. Lutyens. Howth Castle Plans: A Series of 10 Original Architects Drawings and Sketches, Alterations and Additions for J.C. Gaisford St. Lawrence, County Dublin, Ireland. €8,000 to €12,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Newman (Rev. Fr. John Henry, later Cardinal, now Saint) A very good collection of 24 A.L.S. to [Thomas] Gaisford of the Gaisford St. Lawrence family of Howth Castle. €10,000 to €15,000.
    <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Manuscript Atlas: Hodges, Smith & Co. <i>The Estate of the Rt. Hon. the Earl of Howth Situate in the County of Dublin,</i> lg. atlas folio Dublin (Hodges, Smith & Co.) 1863. €4,000 to €6,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Anon. <i>Herbolario Volgare: nel quale se dimostra conoscer le herbe et le sue vrtu…</i> Sm. 8vo Venice (Gio Maria Palamides) 1539. €3,000 to €4,000.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Baron (Caesar). <i>Annales Ecclesiastici</i>. [With] <i>Annalium Ecclesiasticorum Caesaris Baronii... Apparatus.</i> [With] <i>Index Universalis Rerum Omnium</i> [and one other]. 38 vols total. €1,500 to €2,000.
    <b><center>Fonsie Mealy’s<br>The Library of Howth Castle<br>September 22nd & 23rd, 2021</b>
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Log Books of Three British Warships. Three folio Volumes, containing meticulously arranged logs of the voyages of Royal Navy Ships from 1876 – 1881. €1,200 to €1,800.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Walpole (Robert). <i>Memoirs Relating to European and Asiatic Turkey,</i> lg. 4to Lond. 1817. €1,000 to €1,500.
    <b>Fonsie Mealy’s, Sep. 22-23:</b> Bosio (Antonio). <i>Roma Sotteranea,</i> Opera Postuma. Large thick folio Rome (Guglielmo Facciotti) 1632. €1,000 to €1,500.
  • <center><b>iGavel Auctions<br>Antiquarian and Other Books<br>September 14 – October 12</b>
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Athanasius. <i>Illustrium Virorum Opuscula,</i> Paris, 1500. $4,000 to $6,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> <i>The New Testament of Jesus Christ, Translated Faithfully into English,</i> Rheims, John Fogny, 1582. $3,000 to $5,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Stith, William. <i>The First History of Virginia printed in America,</i> [Williamsburg, 1747]. $2,500 to $3,500.
    <center><b>iGavel Auctions<br>Antiquarian and Other Books<br>September 14 – October 12</b>
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b><br>S. Bonaventure. <i>Commentarius in Secundum Librum Sententiarum Petri Lombardi,</i> Venice, 1477. $2,000 to $4,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Juvenalis, Junii. <i>Satyrae,</i> with the commentary of Domitius Calderinus, Venice, 1475. $2,000 to $4,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Horatius Flaccus, Quintus. <i>Opera.</i> Ed. with commentary of Christophorus Landinus, Florence, 1482. $2,000 to $4,000.
    <center><b>iGavel Auctions<br>Antiquarian and Other Books<br>September 14 – October 12</b>
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Scotus, Duns. <i>Quaestiones in Quattuor Libros Sententiarum,</i> 1476-1477. $2,000 to $4,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Polidori, John. <i>The Vampyre, A Tale,</i> Paris, 1819. $1,000 to $2,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Stowe, Harriet Beecher. <i>Uncle Tom's Cabin,</i> Vol. I and II, 1852, and a Later Edition, 1885. $2,000 to $3,000.
    <center><b>iGavel Auctions<br>Antiquarian and Other Books<br>September 14 – October 12</b>
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Twain, Mark. <i>The Adventures of Tom Sawyer,</i> 1877 [and] <i>The Adventures of Huckleberry Finn,</i> 1885. $2,000 to $3,000.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> Book of Hours, Illuminated Vellum, Calendar of Months, 15th century. $600 to $900.
    <b>iGavel Auctions, Sep. 14 – Oct. 12:</b> <i>Picturesque,</i> America, Europe, Palestine, and Russia, 1872-1885. $400 to $600.

Rare Book Monthly

Articles - May - 2012 Issue

Department of Justice Sues Apple, Five Book Publishers

Dojapple

The Department of Justice sued Apple and five publishers for price fixing e-books.

The long rumored lawsuit by the U.S. Department of Justice against the world's most valuable company, Apple, and five book publishers for conspiracy to fix prices, was finally filed last month. The basic claim is that the companies conspired to force Amazon to raise its prices on electronic books. As a result, books that generally were being sold for $9.99 each had their prices raised to $12.99 or $14.99.

When Amazon began offering e-books in 2007, it offered them at a price substantially lower than printed copies. Their $9.99 price left the company little room for profit. Sometimes, the price resulted in a loss. However, Amazon was more concerned with building a business than making a short-term profit. The low book prices helped spur sales of its e-book reader, the Kindle, and made Amazon the overwhelming choice for those who purchased e-books. Amazon held an estimated 90% of the market.

According to the Department of Justice complaint, the five publishers (Hachette, HarperCollins, MacMillan, Penguin, and Simon & Schuster) “feared that lower retail prices for e-books might lead eventually to lower wholesale prices for e-books, lower prices for print books, and other consequences the publishers hoped to avoid.” Each feared consumers would come to expect a $9.99 price point, and wanted to disabuse them of such expectations as soon as possible. However, they “concluded that unilateral efforts to move Amazon away from its practice of offering low retail prices would not work, and they thereafter conspired to raise retail e-book prices and to otherwise limit competition in the sale of e-books.”

Just as the publishers were facing this price conundrum, Apple let it be known that it would be releasing its tablet computer, the iPad, which doubles as an electronic reader, and was considering selling e-books too. According to the complaint, Apple believed it could “trounce Amazon by opening up its own e-book store.” However, Apple was not looking for loss leaders or low margin businesses. Anyone who has ever purchased an Apple product realizes this. So, when Apple and the publishers discussed the former's interest in selling their e-books, “Apple learned that the Publisher Defendants shared a common objective with Apple to limit e-book retail price competition.” The parties also realized that the publishers wanted the price of e-books to be substantially higher than $9.99. As a result of these discussion, the DOJ continues, “Defendants reached an agreement whereby retail price competition would cease, retail e-book prices would increase significantly, and Apple would be guaranteed a 30% 'commission' on each e-book it sold.”

The DOJ then claims the parties, to effectuate their price fixing conspiracy, changed the model by which electronic books were sold. Instead of the “wholesale model,” by which publishers sold their e-books at a wholesale price, and the retailers sold them for whatever they wished, the publishers adopted an “agency model.” Under this model, the retailers acted as “agents” for the publishers. The publishers set the price, and their “agents,” the retailers, all had to sell their books for the same set price. There would be no price competition. The retailers would receive a fixed percentage commission on each e-book they sold. The publishers would get their wish – higher retail prices for e-books – and Apple would have its demand fulfilled, that no one would be permitted to undercut their retail price. Apple bought into this plan, according to the complaint, knowing it “would result in higher prices to consumers.”

The complaint concludes that once the publishers reached their agency agreement with Apple, the publishers limited price competition among themselves, and e-books that previously sold for $9.99 now sold for $12.99 and $14.99. As a result, consumers have been forced “to pay tens of millions of dollars more for e-books than they otherwise would have paid.” The DOJ asked the court to declare this practice illegal and prevent further “injury to consumers” by the parties.

The DOJ cites numerous meetings and telephone conversations by the publishers, both among themselves and with Apple, during which the scheme was allegedly hatched. Within a three day period in January 2010, all five publishers signed agreements with Apple, and the agency agreements all went into effect on the same day, April 3, 2010, the release date of the iPad.

When Macmillan led the way in enforcing the agency model on Amazon, the latter responded by discontinuing the sale of their books. However, when the other four backed up Macmillan with the same terms, the complaint says Amazon was forced to back down. The five represented almost half of Amazon's e-book business. The publishers had succeeded in enforcing the terms of its agreement with Apple on Amazon. Amazon had to raise prices to consumers.

Almost immediately after filing the claim, the Department of Justice announced that three of the publishers – Hachette, HarperCollins, and Simon & Schuster – had reached a settlement with them. The settlement would require terminating their agreements with Apple and refraining from further limiting the prices at which retailers may sell their e-books. However, Apple and the other two publishers have indicated they plan to fight the charges. Apple described the charges as “simply not true,” and says, to the contrary, they have “broken Amazon's monopolistic grip” on the e-book field. It compared the publishers' setting the prices on their iBookstore to “apps” developers setting their prices on Apple's App Store.

Meanwhile, the parties are facing litigation in several other venues. Fifteen states have reportedly already reached an agreement with the three publishers which will require a substantial cash payment from them. A private class action suit may affect residents of other states. The European Commission is investigating the claims, and reportedly has received settlement offers from Apple and four of the publishers (Penguin being the lone holdout). A class action suit has been brought in Canada, and Australia is reportedly considering action.

Rare Book Monthly

  • <b>Swann Auction Galleries:</b> C.F. Payne, <i>Micawber—Imitating Norman Rockwell's "Triple self-portrait,"</i> acrylic, watercolor & colored pencil, 2002. Sold June 2021 for $3,000.
    <b>Swann Auction Galleries:</b> Jane Russell, archive of letters written during a whaling voyage, 1840s. Sold July 2021 for $30,000.
    <b>Swann Auction Galleries:</b> Guild of Women Binders, exhibition binding of A.F. Pollard’s <i>Henry VIII,</i> London, 1902. Sold July 2021 for $12,350.
    <b>Swann Auction Galleries:</b> Robert Frost, <i>Collected Poems,</i> author’s presentation copy, signed, with entirety of <i>Stopping by Woods on a Snowy Evening</i> inscribed, NY, 1930. Sold June 2021 for $20,000.
    <b>Swann Auction Galleries:</b> James Joyce, <i>Ulysses,</i> deluxe limited issue, signed, London, 1936. Sold June 2021 for $21,250.
    <b>Swann Auction Galleries:</b> Mercator [family], <i>[World and Continents],</i> 5 double-page maps, Amsterdam, c. 1633. Sold June 2021 for $15,000.
    <b>Swann Auction Galleries:</b> George Schlegel, <i>New York, Taken from Central Park,</i> hand-finished color-tinted lithograph, 1874. Sold June 2021 for $11,250.
    <b>Swann Auction Galleries:</b> Nicolaus Copernicus, <i>De Revolutionibus Orbium Coelestium,</i> second edition, Basel, 1566. Sold April 2021 for $75,000.
    <b>Swann Auction Galleries:</b> Book of Hours, Use of Utrecht, illuminated manuscript, c. 1435-45. Sold April 2021 for $60,000.
  • <b><center>Forum Auctions<br>Fine Books, Manuscripts<br>& Works on Paper<br>30th September 2021</b>
    <b>Forum Auctions, Sep. 30:</b> Bible, English. The Holy Bible, Second Folio edition, the "Great She Bible", engraved More-Speed 1611 map of Canaan, Robert Barker, 1613-11. £7,000 to £10,000.
    <b>Forum Auctions, Sep. 30:</b> Galilei (Galileo). <i>Opere,</i> 2 vol., first collected edition, Bologna, Heirs of Dozza for Carlo Manolessi, 1656-1655. £4,000 to £6,000.
    <b>Forum Auctions, Sep. 30:</b> Venetian choirbook.- Single leaf from a 13th century Venetian antiphonal, with large decorated initial, manuscript on vellum, Venice, [c.1260]. £6,000 to £8,000.
    <b><center>Forum Auctions<br>Fine Books, Manuscripts<br>& Works on Paper<br>30th September 2021</b>
    <b>Forum Auctions, Sep. 30:</b> Petrarca (Francesco). <i>Rerum vulrgarium fragmenta,</i> decorated manuscript on paper, Italy, [second half of the 15th century]. £8,000 to £12,000.
    <b>Forum Auctions, Sep. 30:</b> New York School of abstract expressionists.- Abbott (Mary Lee). [Sketch book of original artwork], [New York], 1945. £5,000 to £7,000.
    <b>Forum Auctions, Sep. 30:</b> Contemporary colouring.- Nitzschewitz (Hermannus). <i>Novum beatae Mariaevirginis psalterium,</i> Zinna, Press of the Cistercian Monastery, 1493. £4,000 to £6,000.
    <b><center>Forum Auctions<br>Fine Books, Manuscripts<br>& Works on Paper<br>30th September 2021</b>
    <b>Forum Auctions, Sep. 30:</b> Shakespeare source book.- Montemayor (Jorge de). Diana of George of Montemayor: translated out of Spanish into English by Bartholomew Yong, first edition in English, B[ishop]., 1598. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 30:</b> Milton (John). Poems of Mr. John Milton, Both English and Latin, Compos'd at several times, first edition, state with "S" in "S. Pauls" in imprint, 1645. £12,000 to £18,000.
    <b>Forum Auctions, Sep. 30:</b> Greene (Graham). <i>The Power and the Glory,</i> first edition, 1940. £6,000 to £8,000.
    <b><center>Forum Auctions<br>Fine Books, Manuscripts<br>& Works on Paper<br>30th September 2021</b>
    <b>Forum Auctions, Sep. 30:</b> Crowley (Aleister). View of the Tyrrhenian Sea, probably from the hill behind the abbey of Thelema, Cefalù, Sicily, charcoal, [1921]. £10,000 to £15,000.
    <b>Forum Auctions, Sep. 30:</b> Fleming (Ian). <i>Casino Royale,</i> first edition, 1953. £12,000 to £18,000.
    <b>Forum Auctions, Sep. 30:</b> China.- Thomson (John). <i>Illustrations of China and Its People,</i> 4 vol., first edition, 96 photographic plates, 1873-74. £15,000 to £20,000.

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