In a bizarre twist of events in the Apple eBooks case, Apple has negotiated a payment settlement with those harmed by its alleged price fixing, even as it continues to contest the claim they ever fixed any prices in the first place. This is akin to a defendant negotiating the length of his prison term before being convicted. It is sort of putting the cart before the horse.
A couple of years ago, Apple and five book publishers were charged with conspiracy to fix the prices of electronic books. The charge was that they all agreed to demand sellers raise their retail prices of certain books. The idea was to prevent Amazon undercutting the prices at which Apple wanted to sell, and the prices the publishers wanted consumers to pay for eBooks. The publishers allegedly raised the required retail selling prices, while Apple was said to be the “ringleader” that orchestrated the joint action by the five publishers.
The publishers all eventually settled their cases, agreeing to make payments to consumers for overcharging. Apple, however, fought the charges in court. They lost. Apple appealed. Meanwhile, the court authorized a second trial, one to determine how much Apple would have to pay.
Apple requested this second trial to determine damages be put on hold pending the outcome of their appeal. However, something unexpected has intervened. The parties, including Apple, various state attorneys general, and others concerned, have reached a settlement on the amount Apple must pay if they lose their appeal. The amount of that settlement is sealed. Its actual application remains uncertain. The settlement will remain sealed pending the outcome of the appeal. If Apple wins the appeal, the settlement will likely get tossed in the trash. If Apple loses the appeal, then the settlement will be unsealed and those entitled to damages will be able to begin the process of collecting them. Of course there is one other possibility – the losing party could appeal to the Supreme Court, but the Supreme Court does not accept most appeals.
What might the settlement provide? I wouldn't quit my day job based on the prospects, though if you purchase a lot of eBooks, and the appeal is denied, you might get dinner and a movie courtesy of Apple. The damage suit asks for $840 million from Apple, some serious change. However, that includes triple damages, and it seems likely that this would be waived in a settlement. Otherwise, why would Apple settle? The five publisher defendants paid around $166 million combined. What that amounted to for readers was a credit of $3.17 for each eBook published by one of the five publishers that appeared on the New York Times bestseller list, and $0.73 for each that did not. They were to be given as credits on future purchases, but the purchaser had the right to receive cash instead.
How much additional might they collect from Apple if the appeal is lost? Perhaps a similar amount, maybe more, maybe less. Apple is just one company, not five, but the court did consider Apple the ringleader. That may account for more. And then there is the fact that Apple has enough money to pay whatever anyone wants them to pay and still not notice the difference. They have enough money to give every man, woman, and child in the United States $500. That would be a nice gesture, but Apple didn't get all of that money by tossing it around freely, so one suspects they drove a fairly hard bargain in reaching this “settlement.”
Bonhams, Dec. 8-18: Autograph Letter Signed ("Martinus Luther") to His Friend the Theologian Gerhard Wiskamp ("Gerardo Xantho Lampadario"). $100,000 - $150,000.
Bonhams, Dec. 8-18: An Exceptionally Fine Copy of Austenís Emma: A Novel in Three Volumes. $40,000 - $60,000.
Bonhams, Dec. 8-18: Presentation Copy of Ernest Hemmingwayís A Farewell to Arms for Edward Titus of the Black Mankin Press. $30,000 - $50,000.
Bonhams, Dec. 8-18: Autograph Manuscript Signed Integrally for "The Songs of Pooh," by Alan Alexander. $30,000 - $50,000.
Bonhams, Dec. 8-18: Autograph Manuscript of "Three Fragments from Gˆtterd‰mmerung" by Richard Wagner. $30,000 - $50,000.
Bonhams, Dec. 8-18: Original Preliminary Artwork, for the First Edition of Snow Crash. $20,000 - $30,000.
Bonhams, Dec. 8-18: Autograph Letter Signed ("T.R. Malthus") to Economist Nassau Senior on Wealth, Labor and Adam Smith. $20,000 - $30,000.
Bonhams, Dec. 8-18: History of the Peloponnesian War by Thucydides Finely Bound by Michael Wilcox. $20,000 - $30,000.
Bonhams, Dec. 8-18: First Edition of Lewis and Clark: Travels to the Source of the Missouri River and Across the American Continent to the Pacific Ocean. $8,000 - $12,000.
Bonhams, Dec. 8-18: Original Artwork for the First Edition of Neal Stephenson's Groundbreaking Novel Snow Crash. $100,000 - $150,000.
Bonhams, Dec. 8-18: A Complete Set Signed Deluxe Editions of King's The Dark Tower Series by Stephen King. $8,000 - $12,000.
Bonhams, Dec. 8-18: Autograph Letter Signed ("John Adams") to James Le Ray de Chaumont During the Crucial Years of the Revolutionary War. $8,000 - $12,000.
Sotheby’s Book Week December 9-17, 2025
Sotheby’s, Dec. 17: Francesco Colonna. Hypnerotomachie, Paris, 1546, Parisian calf by Wotton Binder C for Marcus Fugger. €200,000 to €300,000.
Sotheby’s, Dec. 17: Nausea. De principiis dialectices Gorgias, and other works, Venice, 1523, morocco gilt for Cardinal Campeggio. €3,000 to €4,000.
Sotheby’s, Dec. 17: Billon. Le fort inexpugnable de l'honneur, Paris, 1555, Parisian calf gilt for Peter Ernst, Graf von Mansfeld. €120,000 to €180,000.
Sotheby’s Book Week December 9-17, 2025
Sotheby’s, Dec. 16: Salinger, J.D. The Graham Family archive, including autographed letters, an inscribed Catcher, a rare studio photograph of the author, and more. $120,000 to $180,000.
Sotheby’s, Dec. 16: [Austen, Jane]. A handsome first edition of Sense and Sensibility, the author's first novel. $60,000 to $80,000.
Sotheby’s, Dec. 16: Massachusetts General Court. A powerful precursor to the Declaration of Independence: "every Act of Government … without the Consent of the People, is … Tyranny." $40,000 to $60,000.
Heritage Auctions Rare Books Signature Auction December 15, 2025
Heritage, Dec. 15: John Donne. Poems, By J. D. With Elegies on the Author's Death. London: M[iles]. F[lesher]. for John Marriot, 1633.
Heritage, Dec. 15: Edgar Rice Burroughs. Tarzan of the Apes.
Heritage, Dec. 15: F. Scott Fitzgerald. Tender is the Night. A Romance.
Heritage, Dec. 15: Jerry Thomas. How to Mix Drinks, or the Bon-Vivant's Companion, Containing Clear and Reliable Directions for Mixing All the Beverages Used in the United States…
![<b>Sotheby’s, Dec. 16:</b> [Austen, Jane]. A handsome first edition of <i>Sense and Sensibility,</i> the author's first novel. $60,000 to $80,000.](https://ae-files.s3.amazonaws.com/AdvertisementPhotos/9a74d9ff-42dd-46a1-8bb2-b636c4cec796.png "<b>Sotheby’s, Dec. 16:</b> [Austen, Jane]. A handsome first edition of <i>Sense and Sensibility,</i> the author's first novel. $60,000 to $80,000.")
![<b>Heritage, Dec. 15:</b> John Donne. <i>Poems, By J. D. With Elegies on the Author's Death.</i> London: M[iles]. F[lesher]. for John Marriot, 1633.](https://ae-files.s3.amazonaws.com/AdvertisementPhotos/8caddaea-4c1f-47a7-9455-62f53af36e3f.jpg "<b>Heritage, Dec. 15:</b> John Donne. <i>Poems, By J. D. With Elegies on the Author's Death.</i> London: M[iles]. F[lesher]. for John Marriot, 1633.")
