DoJ Threatens Apple, Publishers over "Agency Pricing" of e-Books

Philosophically, I’m not a big fan of the current state of antitrust law, but this is interesting.  The DoJ is threatening Apple and several major publishers with an anti-trust suit.  Wired says:

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The DoJ is reportedly concerned that agency pricing — and its uniform adoption by five of the big six publishers, timed with the launch and rollout of Apple’s iBooks — has reduced competition in the industry, with the overall effect of raising e-book prices for consumers. A federal class-action lawsuit filed in August against Apple and the same group of publishers (HarperCollins, Hachette Book Group, Macmillan, Penguin Group Inc., and Simon & Schuster Inc.) raised similar concerns, pointing to higher e-book prices as a result of the defendants’ actions. A settlement or lawsuit could either restructure agency pricing or eliminate it altogether.

 

So what’s agency pricing?  When the Kindle first came out, Amazon uniformly priced them at $9.95, but when Apple started selling e-books, they introduced a model of pricing called “agency pricing”. Steve Jobs said:

We told the publishers, “We’ll go to the agency model, where you set the price, and we get our 30%, and yes, the customer pays a little more, but that’s what you want anyway…” They went to Amazon and said, “You’re going to sign an agency contract or we’re not going to give you the books.”

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(The quote is from Walter Issacson’s biography of Jobs and is stolen bodily from Wired.  Yay cut and paste.)

We talked about e-book  pricing just recently, so I’m going to refer you to that discussion for details, but the main point is that when a publisher — Penguin in particular is notorious for this — charges as much or more for an e-book as for their physical book,they’re charging far in excess of their costs; their claim that it costs just as much to produce an e-book as a physical book is nonsense.

Normally, the market would take care of that, and the current flood of indie books is part of the market’s reaction — when an indie published book can make the author more money while costing the reader less, the market is going to naturally more that direction.

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