Judge approves settlement for Hachette, Simon & Schuster and HarperCollins in e-book lawsuit

Judge approves settlement for Hachette, Simon & Schuster and HarperCollins in ebook lawsuit

It's a big day in the world of e-books, and not just for the crew at Amazon. Today, Judge Denise Cote approved settlement terms for three of the publishers accused by the Justice Department of price fixing. Hachette Book Group, Simon & Schuster and HarperCollins each agreed to settle with the government, rather than face trial -- as Apple, Macmillian and Penguin Group will do in June of 2013. As part of the settlement agreement, each of the publishers will be required to terminate their contracts with Apple within one week. Similarly, they will be required to end contracts with other e-book retailers where clauses exist that would hinder the seller's ability to set pricing. Further, the settling companies won't be able to form contracts for the next two years with e-book retailers that would hinder the seller's discretion to set pricing.

During the settlement approval period, individuals and companies alike were given 60 days to weigh in on the matter, which included objections from the American Booksellers Association, the Authors Guild and Barnes & Noble. Ultimately, Judge Cote determined that arguments against the settlement were "insufficient" to block the approval.

Judge approves settlement for Hachette, Simon & Schuster and HarperCollins in e-book lawsuit originally appeared on Engadget on Thu, 06 Sep 2012 16:59:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceThe New York Times  | Email this | Comments

E-book price fixing trial set for 2013: Apple, Macmillan and Penguin prepare for courtroom brawl

E-book price fixing trial set for 2013: Apple, Macmillan and Penguin prepare for courtroom brawl

The Justice Department meant business when it accused Apple and five other publishers of price-rigging e-books, and are officially taking Cupertino and two publishers to court. In a hearing on Friday, Judge Denise Cote set a bench trial for June 3, 2012, putting Apple, Macmillan and Penguin Group on the defense. The government's allegations focus largely on agency pricing, which sees booksellers taking a 30 percent cut of each sale in lieu of buying the books at wholesale and setting their own prices. Apple and Macmillan have already denied the Justice Department's claims, of course -- but that wasn't on the stand, was it?

E-book price fixing trial set for 2013: Apple, Macmillan and Penguin prepare for courtroom brawl originally appeared on Engadget on Fri, 22 Jun 2012 21:55:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceReuters  | Email this | Comments

Apple says e-book price fixing charges ‘simply not true,’ Macmillan also responds

Apple says e-book price fixing charges
Not that we were expecting Apple and Macmillan to simply fess up and say, "you're right, totally tried to circumvent the free market," but both companies have come out swinging pretty hard against the allegations of price fixing. Apple has rejected the charges, calling them "simply not true." A company spokesman, Tom Neumayr, went so far as to tell Reuters that Cupertino was actually fostering competition by "breaking Amazon's monopolistic grip on the publishing industry." John Sargent, the CEO of Macmillan, defended his company's behavior in blog post, saying the publisher had done nothing illegal and that the concessions sought by the DOJ in settlement negotiations were "too onerous." It looks like the next step for both is to face off with the US government in court -- a daunting task, no matter how large your war chest.

Apple says e-book price fixing charges 'simply not true,' Macmillan also responds originally appeared on Engadget on Fri, 13 Apr 2012 12:02:00 EDT. Please see our terms for use of feeds.

Permalink Daring Fireball  |  sourceReuters, Tor  | Email this | Comments

Justice Department formally charges Apple, big five publishers in e-book price fixing case (update)

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The Justice Department has formally decided to sue Apple, Hachette, HarperCollins, Macmillian, Penguin and Simon & Schuster over alleged e-book price-rigging. Apple and Macmillian have already denied any wrongdoing, saying that the agreements were enhancing competition in an industry previously dominated by Amazon. The case centers around a deal to switch to agency pricing, where the vendor takes a 30 percent cut of each sale rather than the wholesale model which allows stores to sell books at rock-bottom prices. It was previously believed that the publishers had cut back-room deals with the Government agency after bowing to pressure to withdraw Cupertino's "favored nation" status. If successful, the DoJ will allow Amazon and Barnes and Noble amongst others to return to the wholesale model to sell best-sellers at a loss, something that the big five are desperate to avoid, and will look to fight the battle in court.

Update: The PDF of the DoJ's filing is now available online -- it makes for fascinating reading.

Update 2: Bloomberg is now reporting that Simon & Schuster, Lagardère SCA's Hachette Book Group and HarperCollins have settled with the DoJ over unspecified terms. Hasty!

Justice Department formally charges Apple, big five publishers in e-book price fixing case (update) originally appeared on Engadget on Wed, 11 Apr 2012 10:10:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBloomberg, Department of Justice filing (PDF)  | Email this | Comments