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unfair.jpegMike Shatzkin publishes a blog that is always worth reading – The Shatzkin Files. One of his latest articles is Agency seems (to me) to be working; I hope its legal.

In that article Mike talks about the beginning of the use of the agency model and how publishers love it so far. In that article he talks about how the Texas AG is investigating the model (we think) and says:

It would make many publishers very unhappy if the Agency model were deemed illegal. One major house CEO I spoke with two weeks ago was positively rhapsodic about the control the new paradigm gives the publisher. That CEO told me about one major bestseller at their publishing house which suffered no loss of unit sales when the price went up from the Amazon-set $9.99 to the Agency price of $12.99. Struck by that, the CEO further raised the price of that title to $14.99 and saw immediate sales erosion. So, two weeks later, the CEO took the price back down to $12.99 for that title, where it sits.

As this person said, “I can’t ever see going back. I have never had this ability to maximize revenue before or to experiment with pricing.”

He then goes on to say the following. When I read it my jaw dropped open:

I’m personally persuaded that universal set prices for ebooks are good for the industry and, ultimately, for consumers. They will definitely foster competition among retailers. My belief for a long time has been that the day will come when almost all web sites will offer their own curated selection of ebooks. (Why shouldn’t ESPN.com be selling the new Willie Mays or Steinbrenner biography?) That will work great in a price-set world. It would make the retailing opportunity about “location, location, location”, rather than “price.” It would boost sales for publishers and authors by putting ebooks a click away from interested consumers across the Web. But it isn’t going to happen if web sites figure that their curation efforts will just be triggers to send people to a deep-pocketed etailer that is pricing for market share.

It would appear that the Agency model is good for just about everybody except the etailers that would use price to drive others out of the market. But will it ultimately be ruled legal? I don’t think we know yet.

Foster “competition among retailers”? The point of the agency model is just the opposite. Fixe prices and avoid competition – both for ebooks and pbooks. With agency a free and open marketplace can’t exist.

Mike simply doesn’t understand the consumer. Agency is not “good for just about everybody”, agency sucks, big time, for the consumer. All you have to do is read TeleRead, and some other blogs, and you will see that the consumer feels that agency is simply a ploy to raise prices and take more money out of the consumers’ pockets. Screw the consumer, kill price competition – we publishers will do everything we can to see that the consumer has to pay what we want, no matter how outrageous.

As a matter of fact, the Supreme Court had long held that his was exactly what price maintenance was doing, and it is only recently that they overturned the long standing rule that price maintenance was a per se violation of the antitrust laws. The big publishers have never sold to the consumers, only to the book buyers from the book chains, so they have no idea what a consumer is, or what a consumer thinks. The cry is going out all over the web that the consumer is being screwed and the publishers have no clue. Mike doesn’t understand that the consumer is mainly interested in price, not “location, location, location”, as he says above. He’s got it completely reversed.

The publishers are setting up a world without any competition – which only a healthy retail market can provide – and I think it’s very sad that our legal system currently allows this. However, since all the publishers agreed to the same model, at the same time, I think, as a lawyer, that a case could be made to prosecute them for a conspiracy to restrain trade or fix prices. Now THAT would be good for the consumer. I could go on and on, but enough said for now.

Mike and I will be on the same panel at the CEA Line Show on June 23 – that could get interesting!

 
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