Follow us on
Connect

Posts tagged price fixing

Wall Street Journal blasts Apple anti-trust monitor Michael Bromwich for overcharging, malfeasance
February 18, 2015 | 7:13 am

Well, there goes the Wall Street Journal again. In a paywalled opinion piece (just Google “All Along the Apple Watchtower” to read it), the Journal once again takes aim at Apple anti-trust monitor Michael Bromwich. The editorial complains, among other things, of Bromwich’s $1,100 per hour fee being too high, that he’s ranging farther afield than his mandate should allow, that he’s in bed with the Justice Department, and, of course, that he’s a close personal friend of Judge Cote. It really is a piece of work. For example, giving Bromwich’s rates in isolation, and the $2.35...

Apple damages trial delayed to August 25
June 3, 2014 | 8:45 pm

In the wake of Apple’s recent failure to obtain a stay on the damages trial, Andrew Albanese reports at Publishers Weekly, the trial has been postponed again, to August 25. There may not actually be a trial as such after all, however; it’s possible Cote might issue a summary judgment deciding the case without recourse to a jury, or a partial judgment setting a damages floor for the jury to consider. Both parties have asked Judge Cote to consider issuing her ruling before the August 1 deadline for submission of their Joint Pretrial Order, which would discuss what is to...

Department of Justice asks settling publishers, ‘Done any more colluding lately?’
June 3, 2014 | 7:45 pm

The Wall Street Journal reports hearing from “people familiar with the situation” that the first three publishers to settle—Hachette, Simon & Schuster, and News Corp’s own HarperCollins—have received letters of inquiry from the Department of Justice, seeking information about “any recent pricing discussions they may have had with others in the industry.” The rest of the article is basically background reminding folks of the price-fixing lawsuit the publishers settled, and the trouble Amazon is having with Hachette. There’s really not a lot on which to speculate. It does seem clear, though, that given that the publishers are approaching the...

Wall Street Journal misses boat again with anti-Amazon hit piece
June 3, 2014 | 4:40 pm

newscorp_thumb[1]The Wall Street Journal has posted another scathing anti-Amazon editorial. It might be paywalled; if so you can bypass it by googling the headline. But I’m willing to bet you can guess pretty much exactly what it says without even reading it. Let’s review: the Wall Street Journal is owned by Rupert Murdoch’s News Corp, which also owns Big Five nee Six publisher HarperCollins. HarperCollins was originally going to stay out of the agency pricing cabal until Steve Jobs reached out to Murdoch’s son James only two days before the iPad was going to launch, asking him to pressure...

Appeals court rejects Apple request for stay of damages trial
June 2, 2014 | 4:11 am

Apple’s collected another appeal rejection the way some writers used to collect publisher rejection slips. The appeals court issued a terse decision saying that Apple hadn’t met the legal standard required for a stay, so it would not stay the damages phase of the trial while Apple appeals the guilty verdict. Appeals courts rarely ever explain their reasoning for these matters in detail, so all we can really say is that they didn’t find Apple’s argument convincing. The rejection paves the way for the trial to begin July 14, unless there are further administrative delays. The closest thing to...

Department of Justice files brief in Apple antitrust appeal, argues for upholding Judge Cote’s verdict
May 29, 2014 | 4:37 am

Publishers Weekly’s Andrew Albanese has a rundown of the latest developments in the Apple anti-trust affair. The Department of Justice has filed its brief in favor of the appeals court upholding Judge Cote’s guilty verdict. (GigaOm has some additional commentary and a Scribd link to the filing itself.) The filing says about what you would expect it to say: the DoJ summarized Cote’s findings and rebutted all of Apple’s attorneys’ arguments. In their brief, the DoJ basically recapped their case, and argued that the prosecution did not need to meet a higher legal standard, as Apple...

Konrath vs. Stross on the Amazon/Hachette affair
May 27, 2014 | 4:37 am

So, more people have chimed in on the Amazon/Hachette thing. Most notably, Charlie Stross has blogged about it. Given that he’s published by Orbit, a subsidiary of Hachette, it’s understandable that his point of view is rather similar to Lilith Saintcrow’s: Amazon is a “malignant monopoly” engaging in predatory pricing, bullying Hachette, and so forth. Joe Konrath and pseudonymous guest blogger William Ockham have a different point of view. Konrath posted an essay to his blog in which they demolish Stross’s arguments point by point. Most of it is the same argument/counter-argument we’ve been hearing over and...

Norway pursues possible publisher cartel favoring own book chains
April 15, 2014 | 4:25 pm

Norway flagAfter the reports of Amazon entering the Swedish market amid possible restricted competition, now Scandinavian neighbor Norway has reportedly seen a crackdown on anti-competitive practices in the local book trade. According to the Norwegian press reports, the Norwegian Competition Authority (Konkurransetilsynet) has raided the offices of the country's big four publishing houses - Aschehoug, Cappelen, Gyldendal, and Schibsted - to investigate a possible cartel designed to restrict book supply to supermarkets and other outlets in favor of the publishers' own-branded book chains. Norway has a highly restricted publishing and book market that might facilitate such abuse. As per research in Regionalism...

Apple files opening brief in e-book anti-trust trial appeal
February 26, 2014 | 7:12 pm

Ars Technica reports that Apple has filed a 75-page opening brief in its appeal of Judge Cote’s decision finding it guilty of engaging in a conspiracy with the publishers to help raise prices. The Ars article has a reasonable summary of Apple’s arguments. Fundamentally, many of them are the same arguments that lost it the case in trial court: it just negotiated the most favorable contract for itself, and couldn’t be blamed for what the publishers, busy little bees that they are, imposed on other retailers. It acted to increase competition by making it possible for new players...

Appeals court denies Apple request to stay anti-trust monitor
February 11, 2014 | 11:23 am

The appeals court has issued its ruling on Apple’s request to have the anti-trust monitor stayed in the e-book price-fixing anti-trust trial. Perhaps unsurprisingly, Apple’s appeal has been denied. That being said, the appeals court did issue what it saw as instructions “narrowing” the monitor’s focus. The monitor is, the court said, supposed to make sure Apple has an anti-trust compliance program in place and that employees are being taught about what it means and how it works. He is not supposed to rummage around looking for violations of anti-trust or other laws. In the two-page document (PDF), court...

Judge Cote devises brave punishments for Apple in settlement hearing
August 9, 2013 | 8:25 pm

Apple and the publishers had their hearing before Judge Cote today on the penalties she’s considering imposing. There was more interesting news in the run-up to it, of course. First, GigaOm reports that the Department of Justice filed a response (available here as PDF) to the publishers’ en masse complaint about being punished twice. The response said, essentially, that they don’t want to do anything to the publishers, and all their proposals target Apple. And the DoJ even pointed out how similar the publishers’ argument was to Apple’s argument back when the publishers were settling, just as I did yesterday. And...

Apple to Allow Rival E-Book Retailers to Provide Direct Links to Content
August 2, 2013 | 6:41 pm

I didn't see this coming, although in hindsight, I should have. The DOJ and 33 state attorney generals just published their proposed remedies in the Apple price fixing case. Most of it was expected: ending existing contracts with retailers and appointing an external monitor to ensure they don't slip again. But check out this one: "Apple will also be prohibited from entering into agreements with suppliers of e-books, music, movies, television shows or other content that are likely to increase the prices at which Apple’s competitor retailers may sell that content. To reset competition to the conditions that existed before the conspiracy, Apple...

Interview: Publishers Weekly senior writer Andrew Richard Albanese discusses the Apple trial
July 29, 2013 | 7:26 pm

After I wrote my review of Publishers Weekly senior writer Andrew Richard Albanese’s (recently updated) e-book The Battle of $9.99 about the DoJ vs. Apple e-book trial, Publishers Weekly offered me a chance to interview Mr. Albanese. I came up with a number of questions and passed them along, and he answered them via email. We are looking into the possibility of further interviews in other formats. But for now, here are Mr. Albanese’s responses to my questions about the trial. In covering the Apple trial, what surprised you the most? This may sound like...

Amazon scrapes bottom, sells books cheaply to public, talks to Democrats
July 29, 2013 | 5:02 pm

AmazonJust when you thought they could sink no lower, Amazon has added fresh offenses to their litany of crimes. So you'd conclude, at any rate, from the scrupulously impartial, limpidly objective coverage of their head-to-head discounting battle with Overstock in The Bookseller and Shelf-Awareness. Indeed, if you believe the latter, all that's keeping those unscrupulous bad hats out of the courts is their overly chummy dealings with the Democrats. Yes, fresh from being pilloried for not discounting enough, Amazon is discounting too much again. Of course, Overstock didn't exactly help the situation by calling Amazon out, specifically advertising its limited-period discount run...

Penguin Cries Uncle for the EU
July 27, 2013 | 1:10 pm

PenguinFresh from covering itself with ignominy through Author Solutions, Penguin has promised it will play nice in Europe over pricing, with an offer to the European Union to end the price-fixing practices highlighted by the recent Apple anti-trust case in the US, which the European Commission deemed acceptable last week. "After our decision of December 2012, the commitments are now legally binding on Apple AAPL +0.57% and all five publishers including Penguin, restoring a competitive environment in the market for e-books," announced Joaquín Almunia, the European Commission vice president in charge of competition policy. All the other publishers under investigation, Hachette Livre...

Morning Roundup: Robert Bolano’s “2666” released as e-book for the first time
July 11, 2013 | 9:25 am

Morning RoundupRoberto Bolano's "2666" released as e-book for the first time (LA Times) Roberto Bolano did not live to see his book "2666" become an American bestseller. Nor did he make it to the popularization of e-books -- he died 10 years ago, on May 15, 2003. On Tuesday, "2666" saw its debut as an e-book. * * * Food trucks inspire mobile bookstore (Detroit News) By combining the concepts of bookmobile and food truck, book-publisher Penguin Group (USA) recently introduced its first mobile bookstore. And just like a good book, there’s a bonus inside: the Penguin Book Pushcart, which rolls out of the truck and down a...

Motley Fool Uses Apple Anti-Trust Suit to Scare People into Paying It
June 18, 2013 | 5:08 pm

no foolinDisclaimer: I’m not a lawyer or high-falutin’ financial analyst, and this is my personal opinion, not TeleRead’s. I just call them as I see them. I ran across this article from Motley Fool blogger Mark Hibben, and felt it was worth calling out as the example of arrant fear-profiteering it is. I could sum up the article thus: “DOOM! DOOOOOOM! (By the way, pay us.)” To be fair, the post opens with a reasonably cogent and accurate summary of the issues surrounding the Apple anti-trust case, not unlike the one I posted a few days ago. But it goes off the rails...

wordpress analytics