• Doyle
    Stage & Screen
    November 14 & 15
    Doyle, Nov. 14-15: A studio-sanctioned Darth Vader Touring Costume from The Empire Strikes Back. $50,000 to $100,000.
    Doyle, Nov. 14-15: An original Al Hirschfeld's illustration of the cast of On Golden Pond. $4,000 to $6,000.
    Doyle, Nov. 14-15: The largest trove of personal Grace Kelly letters to come to market. $60,000 to $80,000.
    Doyle, Nov. 14-15: An Important Archive of Musical Manuscripts of Truman Capote and Harold Arlen's House of Flowers. $40,000 to $60,000.
    Doyle, Nov. 14-15: The archive of an original Merrily We Roll Along Broadway cast member. $5,000 to $10,000.
    Doyle, Nov. 14-15: Jerry Herman's Yamaha Model C7 Ebonized Grand Piano. $6,000 to $9,000.
    Doyle, Nov. 14-15: A large group of Jerry Herman musical posters. $300 to $500.
    Doyle, Nov. 14-15: Group of awards presented to Jerry Herman. $300 to $400.
    Doyle, Nov. 14-15: Six pages of original art for "The MAD Game of Basebrawl," a complete story published in MAD #167, pages 31-36, June 1974. $3,000 to $4,000.
    Doyle, Nov. 14-15: A MAD book made for Al Jaffee, containing original art and writings from many MAD contributors. 2011. $1,200 to $1,800.
    Doyle, Nov. 14-15: A Jaffee-themed MAD Fold-In - "What honor should the creator of the MAD Fold-Ins be given?" $800 to $1,200.
    Doyle, Nov. 14-15: MAD Fold-In - "What developing news story has many Americans totally transfixed?" $800 to $1,200.
  • Sotheby's
    Fine Books, Manuscripts & More
    Available for Immediate Purchase
    Sotheby’s: J.R.R. Tolkien. The Lord of the Rings Trilogy. 11,135 USD
    Sotheby’s: Edgar Allan Poe. The Raven and Other Poems, 1845. 33,000 USD
    Sotheby’s: Leo Tolstoy, Clara Bow. War and Peace, 1886. 22,500 USD
    Sotheby’s: Sir Arthur Conan Doyle. Adventures of Sherlock Holmes, 1902. 7,500 USD
    Sotheby’s: F. Scott Fitzgerald. This Side of Paradise, The Great Gatsby, and Others, 1920-1941. 24,180 USD
  • Freeman’s | Hindman
    Fine Printed Books and Manuscripts, Including Americana
    November 14
    Freeman’s | Hindman, Nov. 14: LEROUX, Gaston. The Phantom of the Opera. FIRST AM. ED, FIRST ISSUE IN THE VERY RARE DUST JACKET. 1911. $6,000 – 8,000.
    Freeman’s | Hindman, Nov. 14: GOULD, John. A Monograph of the Trochilidae...Humming-Birds. L., [1849-] 1861. $60,000 – 80,000.
    Freeman’s | Hindman, Nov. 14: A COMPLETE RUN of Limited Editions Club publications, v.p. [mostly New York], 1929-2010. $50,000 – 60,000.
    Freeman’s | Hindman, Nov. 14: ORWELL, George. Nineteen Eighty-Four. Lon., 1949. FIRST EDITION IN A VERY FINE DUST JACKET. $6,000 – 8,000.
    Freeman’s | Hindman, Nov. 14: GOULD. A Monograph of the Ramphastidae...Toucans. L., [1852-] 54. SECOND ED. $35,000 – 45,000.
    Freeman’s | Hindman, Nov. 14: The Federalist. NY, 1788. FIRST EDITION, THICK PAPER COPY. $60,000 – 80,000.
    Freeman’s | Hindman, Nov. 14: SELBY. Plates to Selby’s Illustrations of British Ornithology. Edin., [1833-] 34. $20,000 – 30,000.
  • Gros & Delettrez, 7 November:
    APRES DE MANNEVILLETTE
    Le Neptune Oriental
    Gros & Delettrez, 7 November:
    CASSAS
    Eaux fortes de la Sicile et quelques vues d’Espagne
    Gros & Delettrez, 7 November:
    CASSINI DE THURY
    Carte générale et particulière de la France.
    Gros & Delettrez, 7 November:
    JOUY; GARNERAY
    Vues des côtes de France dans l'Océan et dans la Méditerranée
    Gros & Delettrez, 7 November:
    LA PÉROUSE
    Voyage autour du monde
    Gros & Delettrez, 7 November:
    LE GENTIL DE LA GALAISIERE
    Voyage dans les Mers de l’Inde
    Gros & Delettrez, 7 November:
    LICENT
    Hoang Ho, Pai Ho, Loan Ho, Leao Ho. Itinéraires suivis dans le bassin du golfe du Pei Tcheuly
    Gros & Delettrez, 7 November:
    FRENCH SCHOOL FROM THE 19th CENTURY
    Panorama d’Athènes
    Gros & Delettrez, 7 November:
    PEETERS
    Description des principales villes, havres et isles du golfe de Venise
    Gros & Delettrez, 7 November:
    PÉRON; FREYCINET
    Voyage de découverte aux terres australes
    Gros & Delettrez, 7 November:
    STACKELBERG
    La Grèce : vues pittoresques et topographiques.
    Gros & Delettrez, 7 November:
    VALENTINER
    Atlas des Sonnensystems.

Rare Book Monthly

Articles - April - 2014 Issue

Apple Appeals Judgment It Engaged in E-Book Price-Fixing Scheme

Apple appeals the judgment against it.

Apple appeals the judgment against it.

As promised, Apple has filed a blistering appeal against a federal court decision that held it had participated in a conspiracy with book publishers to fix the prices of electronic books at artificially high levels. “Apple and the Publisher Defendants agreed to work together to eliminate retail price competition in the e-book market and raise the price of e-books above $9.99,” wrote District Court Judge Denise Cote in her opinion. Just the opposite, responded Apple. “Apple’s entry as an e-book retailer marked the beginning, not the end, of competition.” Who is right? Stay tuned.

 

Here is what we know. In late 2009, Amazon controlled 90% of the e-book market. Part of their strategy for gaining such control was low pricing, sometimes selling books at less than their cost, particularly with the most popular titles. It made it extremely difficult for others to enter the business.

 

While book publishers were able to sell these e-books to Amazon for the prices they wanted, they were still unhappy. Two things bothered them. One was they feared Amazon's unexpectedly low e-book prices would interfere with their ability to sell printed books, a more lucrative market. Secondly, no one likes to have most of their sales go to a single customer. It can give that customer enormous leverage over the supplier in future negotiations. That is a very risky position for any supplier.

 

Evidently, various publishers were aware that their compatriots were similarly distressed by this situation, though we do not know how much direct communication there was between them. After they, and Apple, were sued by the Department of Justice and others for a conspiracy to fix prices, all five publishers agreed to pay large sums in settlement. Whether they settled out of guilt, or, as one publisher claimed, simply because the potential financial risk of a loss in court was so great it would put them out of business, is uncertain.

 

In December of 2009, Apple approached the publishers with a plan to open an online e-book store, to go along with its newly introduced tablet computer, which can also be used as an e-reader. However, Apple concluded this would not be feasible unless two conditions were met. First, it must make a reasonable profit. Apple has no interest in building market share by losing money, as Amazon does. Secondly, it did not want to have anyone else undercutting their prices, making them look bad. If Apple needed a 30% profit, while Amazon sold at cost, naturally Apple's price would be 30% more for the same books, an embarrassing situation. Apple may charge a high price for its merchandise, but that is because it is unique, Apple-branded merchandise. It does not want to sell the same thing as Amazon for a much higher price.

 

Apple explained its requirements to the publishers. What it wanted was for the publishers to adopt “agency” pricing. At the time, the publishers were selling their e-books (primarily to Amazon) at a set wholesale price. Amazon then set the retail price. The bookseller was free to go as low (or high) as it wanted, depending on how much or little it was willing to make on each sale. In agency pricing, however, the publisher sets the retail price. All retailers must sell their books for at least that much. The retail prices they set afforded a 30% commission for the retailers. Of course, this meant that books Amazon was selling at cost or a loss would rise by at least 30%.

 

Exactly what happened next is unclear. What we do know is that a few weeks later, all at once, the five publishers switched over to agency pricing. Amazon had little choice but to accede. Meanwhile, Apple began selling e-books. According to Apple, between themselves and Barnes & Noble (who could also now afford to sell e-books), they control 30%-40% of the market, meaning Amazon's share has dropped substantially from its previous 90%.

 

So the question becomes, what did Apple do in that period between telling the publishers individually what they demanded to sell e-books and the publishers switching to Apple's required agency model? Apple had a legal right to tell publishers it would only sell if prices were set so they could make 30% while no one else could sell for less. That is not illegal price fixing. What is illegal is for them to act in concert with multiple publishers to set prices – that is a legal “conspiracy” to fix prices. Even if the publishers conspired with each other to set prices, which is illegal, that does not necessarily mean Apple conspired with them if Apple acted independently with each. However, if, as the court ruled, in the Department of Justice's words, Apple was a “ringmaster” in this conspiracy, then they have violated the law.

 

The court looked at the evidence and said, in effect, of course Apple was pulling the strings. There is something in the law called a “per se” standard that says there is an antitrust violation where the evidence is obvious. And then, there is another standard where it is not so obvious, but if the evidence establishes participation in a conspiracy, it is also a violation. The court focused on “per se” guilt, but said Apple was guilty under both standards.

 

Apple responded that the evidence does not establish such participation, and that the law requires clear evidence, not just actions that are consistent with a conspiracy. The demands it made on publishers, Apple said, were strictly normal ones to meet its business needs, and did not require a conspiracy. They say they simply told the publishers what they needed in order to sell e-books, and left it to the publishers to decide whether to meet their requirements. If the publishers conspired among themselves, that was not Apple's doing. They neither participated nor encouraged the publishers to act in concert.

 

Apple also challenged whether the result of their requirements was anti-competitive anyway. They cite the fact that Amazon's share has substantially decreased, while new vendors now offer e-books for sale. That is pro-competition, not a hindrance to it, Apple argues. There are now more retailers selling e-books. On prices, Apple also cited statistics that e-book prices, as a whole, have come down. Self-published books, in particular, Apple claims, have seen their prices drop, as the 30% profit Apple demands leaves the self-publishers 70%. Apple says this is twice what Amazon used to give them before Apple began carrying their books, enabling these publishers to lower their retail prices. And one more thing – Apple says they did not demand publishers lower retail prices, only that the minimum price leave them a 30% margin. Publishers could set the prices at $9.99 or even less if they chose, so long as the wholesale price was 30% less. What appears to have happened, if Apple's statistics are right, is that overall e-book prices came down, though the prices for the most popular books, which Amazon used to sell at little or no profit, went up.

 

The Department of Justice has said it will respond to Apple's appeal in May. You can be sure they will give a far less benign account of Apple's actions. Judge Cote's decision paints a series of discussions between Apple and the publishers that implies that firm was knowingly leading them down the road of joint price setting, even while holding separate conversations. It will then be up to the Appeals Court to confirm that ruling, overturn it, or order a new trial. One thing you can count on – Apple will not give up easily or go quietly into the night. This case may one day find itself in the Supreme Court.

Rare Book Monthly

  • Bonhams, Nov. 2-12: AUDUBON, JOHN JAMES. Red-Shouldered Hawk. London: R. Havell, Jr., 1829. $2,000 - $3,000
    Bonhams, Nov. 2-12: STEWART, WILLIAM DRUMMOND, SIR. Altowan; or, Incidents of Life and Adventure in the Rocky Mountain... New York, 1846. PRESENTATION COPY. $800 - $1,200
    Bonhams, Nov. 2-12: WILLUGHBY & RAY, JOHN. The Ornithology of Francis Willughby in three books... London, Martyn, 1678. $800 - $1,200
    Bonhams, Nov. 2-12: SUSAN B. ANTHONY. Autograph Quotation Signed, on equal rights "for men and women," Rochester, 1898. $1,000 - $1,500
    Bonhams, Nov. 2-12: FRANKLIN, BENJAMIN. Autograph Letter Signed integrally to Le Comte de Milly arranging a meeting with M. Broignard, Passy, 1778. $10,000 - $15,000
    Bonhams, Nov. 2-12: FRANKLIN, JEFFERSON, & ADAMS. Mansucript Signed by all three architects of the American ideal, requesting a Treaty of Amity and Commerce. $750,000 - $1,000,000
    Bonhams, Nov. 2-12: LINCOLN, ABRAHAM. Endorsement Signed, a pardon for a Confederate soldier, February 6, 1865. $4,000 - $6,000
    Bonhams, Nov. 2-12: NAPOLEON FORMALLY RATIFIES THE LOUISIANA PURCHASE. Document Signed ("James Monroe," "Robt. R. Livingston" and "Barbé-Marbois"). $100,000 - $200,000
    Bonhams, Nov. 2-12: JAMES MONROE ON THE DIFFICULTIES OF JAY'S TREATY. Autograph Letter Signed to Thomas Pinckney, Paris, January 17, 1795. $15,000 - $25,000
    Bonhams, Nov. 2-12: GIDEON WELLES FIRST HAND ACCOUNT OF FORT PICKENS AND FORT SUMTER ON THE EVE OF CIVIL WAR. Autograph Manuscript, 44 pp, c.1870. $4,000 - $6,000
    Bonhams, Nov. 2-12: SIGNED BY BORGES. Labyrinths: Selected Stories & Other Writings. 1962. First book publication in English. $4,000 - $6,000
    Bonhams, Nov. 2-12: LORENZO DOW TURNER'S COPY. LOCKE, ALAIN. The New Negro: an Interpretation. 1925. $1,000 - $1,500
  • Forum Auctions
    A Visual and Historical Voyage into the Ottoman World:
    The Library of a Gentleman
    14th November
    Forum, Nov. 14: Preziosi (Amedeo). Stamboul: Recollections of Eastern Life, first edition, Paris, Lemercier, 1858. £6,000 to £8,000.
    Forum, Nov. 14: Mayr (Heinrich von). Malerische Ansichten aus dem Orient. Vues Pittoresques de l'Orient, first edition in the original 10 parts, Munich, Paris & Leipzig, [1839-40]. £10,000 to £15,000.
    Forum, Nov. 14: Lewis (John Frederick). Illustrations of Constantinople, made during a Residence in that City &c. in the Years 1835-6, first edition, [1838]. £6,000 to £8,000.
    Forum, Nov. 14: Dodwell (Edward). Views in Greece, first edition, ordinary format, Rodwell and Martin, 1821. £8,000 to £12,000.
    Forum, Nov. 14: Cassas (Louis François). [Voyage Pittoresque de la Syrie, de la Phoenicie, de la Palæstube et de la Basse-Égypte], 3 vol., first edition, [Paris], [1799]. £8,000 to £12,000.
    Forum Auctions
    A Visual and Historical Voyage into the Ottoman World:
    The Library of a Gentleman
    14th November
    Forum, Nov. 14: La Chappelle (Georges). Recueil de Divers Portraits des Principales Dames de la Porte du Grand Turc, first edition, Paris, 1648. £8,000 to £12,000.
    Forum, Nov. 14: Fossati (Gaspard). Aya Sophia Constantinople as recently restored by order of H.M. the Sultan Abdul Medjid, first edition, ordinary format, 1852. £6,000 to £8,000.
    Forum, Nov. 14: Pertusier (Charles). Promenades Pittoresques dans Constantinople et sur les Rives du Bosphore, 4 vol., inc Atlas, first edition, Paris, H. Nicolle, 1815-17. £6,000 to £8,000.
    Forum, Nov. 14: Brindesi (Jean). Souvenirs de Constantinople, first edition, [Paris], [1855-60]. £4,000 to £6,000.
    Forum, Nov. 14: Le Bruyn (Cornelius). Voyage au Levant, first French edition, Delft, Henri de Kroonevelt, 1700. £3,000 to £4,000.
  • Forum Auctions
    Online Sale:
    The Detective Fiction Collection of John Cooper
    Ending 7th November, 2024
    Forum, Nov. 7: Christie (Agatha). The Thirteen Problems, first edition, The Crime Club, 1932. £15,000 to £20,000.
    Forum, Nov. 7: Christie (Agatha). Dumb Witness, first edition, 1937. £3,000 to £4,000.
    Forum, Nov. 7: Christie (Agatha). Cards on the Table, first edition, The Crime Club, 1936. £2,000 to £3,000.
    Forum, Nov. 7: [Carr (John Dickson)], "Carter Dickson" and John Rhode. Drop to his Death, first edition, Heinemann, [1939]. £600 to £800.
    Forum, Nov. 7: Berkeley (Anthony). Jumping Jenny, first edition, Hodder and Stoughton, 1933. £800 to £1,200.
    Forum Auctions
    Online Sale:
    The Detective Fiction Collection of John Cooper
    Ending 7th November, 2024
    Forum, Nov. 7: Marsh (Ngaio). Overture to Death, first edition, The Crime Club, 1939. £600 to £800.
    Forum, Nov. 7: [Day-Lewis (Cecil)] "Nicholas Blake". The Beast Must Die, first edition, 1938. £750 to £1,000.
    Forum, Nov. 7: Brand (Christianna). Green for Danger, first edition, signed presentation inscription from the author, John Lane the Bodley Head, 1945. £600 to £800.
    Forum, Nov. 7: Christie (Agatha). Murder is Easy, first edition, signed by the author, 1939. £3,000 to £4,000.
    Forum, Nov. 7: Sayers (Dorothy L.) Lord Peter Views the Body, first edition, Gollancz, 1928. £6,000 to £8,000.
  • Desa Unicum, Nov. 13: Chronograph Wristwatches. Precious memories of the 20th Century / Cronografi da Polso. Preziose Memorie del XX Secolo, 2013. €3,000 to €5,000. Starting Bid: €10.
    Desa Unicum, Nov. 13: Lanthemann, Joseph. Modigliani 1884-1920. A Catalogue Raisonné, Barcelona, 1970. €320 to €380. Starting Bid: €10.
    Desa Unicum, Nov. 13: Warhol, Andy. The Philosophy of Andy Warhol (from A to B and back again), New York, 1975. Signed by the author. €500 to €600. Starting Bid: €10.
    Desa Unicum, Nov. 13: Vitali, Lamberto. Morandi: Catalogo Generale. I & II, Mediolan, 1983. €1,100 to €1,300. Starting Bid: €10.
    Desa Unicum, Nov. 13: Goldstein, Ann. Christopher Wool, Los Angeles, 1998. €320 to €380. Starting Bid: €10.
    Desa Unicum, Nov. 13: Celant, Germano. Piero Manzoni, 1989. €320 to €360. Starting Bid: €10.
    Desa Unicum, Nov. 13: Ernst, Max. Oeuvre-Katalog. Das Graphische Werk, Cologne, 1975. €420 to €480. Starting Bid: €10.
  • Swann, Nov. 14: Stephen Sondheim, autograph musical quotation signed and inscribed, 4 bars from “Send in the Clowns,” 1986.
    Swann, Nov. 14: George Washington, autograph letter signed to Robert Morris, preparing for attack on Philadelphia, 1777.
    Swann, Nov. 14: Autograph album containing over 250 signatures by members of 29th U.S. Congress, 1845.
    Swann, Nov. 14: Charles “The Bold,” letter signed to Duke of Milan written during Burgundian Wars, 1475.
    Swann, Nov. 14: Deng Xiaoping, TIME magazine “Man of the Year” issue signed and dated, 1979.
    Swann, Nov. 14: Theodor Herzl, autograph letter signed to prospective tutor of his children, 1902.
    Swann, Nov. 14: Bourienne’s Memoirs of Napoleon Bonaparte extra illustrated including 1798 letter signed by Napoleon after Battle of the Nile, 1836.
    Swann, Nov. 14: George Minot, autograph manuscript signed, diary kept during European trip to claim Nobel Prize, 1934.
    Swann, Nov. 14: Thomas Jefferson, autograph letter signed, introducing George Washington’s personal secretary Tobias Lear, 1793.
    Swann, Nov. 14: Winston Churchill, A History of the English-Speaking Peoples, signed in second volume, first edition, 1956-58.
    Swann, Nov. 14: John Steinbeck, late typescript drafts of 5 chapters from his posthumously published tales of King Arthur, 1959.
    Swann, Nov. 14: H.G. Wells, group of 14 of his books signed to his mistress Rebecca West or the son they had together, 1910s-40s.

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