Apple Blames Book Publishers in E-Books Antitrust Lawsuit

ibooks_icon.jpgReuters is reporting that Apple has responded to the Justice Department's accusations that the company colluded with publishers to increase e-book pricing, saying that it negotiated with the publishers separately and reached different agreements with each.

But Apple said the publishers had decided, independent of Apple, to eliminate discounts on wholesale book prices of e-books, to sell lucrative hardcover books first to bookstores in a practice called windowing and to take other measures to push Amazon to raise prices.

In a court filing dated April 26 but released on Tuesday, Apple said it had approached publishers to create an online bookstore that would eventually become the iBookstore and had demanded a 30 percent commission, that publishers would not undercut prices paid to Apple, and that "windowing" be scrapped.

Apple said that points of contention in early negotiations centered around Apple's demand for a 30 percent commission and price caps. Apple went on to note that each publisher immediately offered its own counterproposals in what Apple described as "tough negotiations."

The company also claims that before it entered the market the publishers were engaged in a battle to break Amazon's grip on the low-cost e-book market, with Apple laying the blame for any potential collusion on the publishers.

The lawsuit was originally filed in April 2012 and included HarperCollins, Simon and Schuster, Hachette Book Group, Macmillan and Penguin, but the Justice Deparment settled with the publishers and has since concentrated on Apple. Recently, CEO Tim Cook was ordered to testify in the case.

Popular Stories

Generic iOS 19 Feature Mock Light

iOS 19 Leak Reveals All-New Design

Friday January 17, 2025 2:42 pm PST by
iOS 19 is still around six months away from being announced, but a new leak has allegedly revealed a completely redesigned Camera app. Based on footage it obtained, YouTube channel Front Page Tech shared a video showing what the new Camera app will apparently look like, with the key change being translucent menus for camera controls. Overall, the design of these menus looks similar to...
2024 App Store Awards

Apple Explains Why It Removed TikTok From the App Store in the U.S.

Sunday January 19, 2025 6:58 am PST by
Apple on late Saturday removed TikTok from the App Store in the U.S., and it has now explained why it was required to take this action. Last year, the U.S. passed a law that required Chinese company ByteDance to divest its ownership of TikTok due to potential national security risks, or else the platform would be banned. That law went into effect today, and companies like Apple and Google...
iPhone 17 Air Size Feature

'iPhone 17 Air' With Rear Camera Bar Allegedly Shown in Leaked Photo

Tuesday January 21, 2025 12:46 pm PST by
A leaker known as "Majin Bu" today shared an alleged image of a component for the rumored, ultra-thin "iPhone 17 Air" model. The blurry, pixelated image shows a pair of rear iPhone shells with a pill-shaped, raised camera bar along the top. On the left side of the bar, there is a circular cutout that appears to be for a single rear camera. On the right side of the bar, there appears to be an ...
iPhone SE Dynamic Island Majin Bu

iPhone SE 4 Leak Shows Dynamic Island, Casts Doubt on Rumored 'iPhone 16E' Name

Monday January 20, 2025 9:01 am PST by
A new iPhone SE is widely rumored to launch this year, and the device has potentially been confirmed today by known leaker Evan Blass. In a private social media post, Blass shared an image of what appears to be source code mentioning an iPhone SE (4th Gen), which casts doubt on the alternative "iPhone 16E" name rumored for the device. However, the name in the source code could be a...
iOS 19 Roundup Feature

iOS 19 Rumored to Be Compatible With These iPhones

Saturday January 18, 2025 10:28 am PST by
iOS 19 will not drop support for any iPhone models, according to French website iPhoneSoft.fr. The report cited a source who said iOS 19 will be compatible with any iPhone that can run iOS 18, which would mean the following models: iPhone 16 iPhone 16 Plus iPhone 16 Pro iPhone 16 Pro Max iPhone 15 iPhone 15 Plus iPhone 15 Pro iPhone 15 Pro Max iPhone 14 iPhon...
airtag 4 pack blue

AirTag 2 Launching This Year With These 3 New Features

Sunday January 19, 2025 8:11 am PST by
After a four-year wait, a new AirTag is finally expected to launch in 2025. Below, we recap rumored upgrades for the accessory. A few months ago, Bloomberg's Mark Gurman said Apple was aiming to release the AirTag 2 around the middle of 2025. While he did not offer a more specific timeframe, that means the AirTag 2 could be announced by the end of June. The original AirTag was announced...
apple power beats pro 2

Powerbeats Pro 2 Coming Soon: Apple to Announce Them 'Imminently'

Sunday January 19, 2025 8:25 am PST by
In September, Apple said that it would be launching Powerbeats Pro 2 in 2025, and it appears the wireless earbuds are coming very soon. Powerbeats Pro 2 images found in iOS 18 code In his Power On newsletter today, Bloomberg's Mark Gurman said the Powerbeats Pro 2 are "due imminently." In addition to Apple filing the Powerbeats Pro 2 in regulatory databases last month, Gurman said Apple is...
Generic iOS 18

Everything New in iOS 18.3 Beta 3

Thursday January 16, 2025 12:39 pm PST by
Apple provided the third beta of iOS 18.3 to developers today, and while the betas have so far been light on new features, the third beta makes some major changes to Notification Summaries and also tweaks a few other features. Notification Summary Changes Apple made multiple changes to Notification Summaries in response to complaints about inaccurate summaries of news headlines. For...

Top Rated Comments

Jayse Avatar
153 months ago
Score: 29 Votes (Like | Disagree)
Schmitty11 Avatar
153 months ago
Today's forecast for MacRumors:

Mostly cloudy with a 100% chance of multiple lawsuit stories.
Score: 19 Votes (Like | Disagree)
maxosx Avatar
153 months ago
Apple blames ___________

Fill in the blank with nearly anything & it would be appropriate :)
Score: 15 Votes (Like | Disagree)
EricNau Avatar
153 months ago
Completely nonsensical. Amazon was paying publishers exactly what they asked for. It was Apple that demanded a different pricing model, and coerced publishers to use that model with all other resellers.
Score: 10 Votes (Like | Disagree)
EbookReader Avatar
153 months ago
You seem to imply that before the iBook store there was a competitive situation. Can't agree. Amazon was guilty of predatory pricing in my opinion and this in itself was anti trust. Now, I agree two wrongs don't make a right, but to sanction Apple for manipulating a "market" where it wasn't possible to profit from sales is wrong. If the anti trust bodies had sanctioned Amazon for its pricing policies, and a viable market had emerged, then there would have been no need for the publishers to try to protect themselves from being beholden to a single outlet.
How can Amazon be predatory pricing when it makes a profit from selling ebooks?

It's called a loss leader. Sell some popular books at cost or below cost, sell 95% of other ebooks at profit. End result: overall profits

Supermarkets have been doing this for decades.

Apple is using this "loss leader" pricing right now for its iBookstore on a few ebooks. Apple could have competed with Amazon on prices if it wanted to. Buy ebook at wholesale like Amazon did. Have a sale on a few popular titles and sell the rest at profits.

Apple is better suited to this strategy than Amazon since Apple is many times more profitable and have a bigger cash hoard.

But Apple wanted the 30% margin. Wholesale competition means the margin would be very tiny. Best way to get the 30% margin is to forced Amazon and B&N and other ebookstore to take the 30% margin too.

When retailers are guaranteed 30% margin and no price competition, who lose out? Consumers


That's why the publishers have agreed to pay something like $52 million in restitution for the ebook price fixing.

----------

So in order to compete with Amazon, Apple should have been prepared to match Amazon's price. Even though Amazon in many cases was selling at break-even or making a loss?

The game Amazon is playing is to go for growth and worry about profit later. Wall Street gets it: Amazon is priced for MASSIVE growth in the long term. They will do this by destroying competition and preventing competitors from entering the market. Once they achieve this, they will own the publishers and be able to strike any deal they desire. They will also be able to charge the reader whatever they like within reason.
What law has Amazon broken in their quest to destroy competitions and preventing competitors from entering the market?

Amazon can't be guilty of what they haven't done yet. I.E. raising the price when they have a monopoly.

In fact, when Amazon have 90% of the ebook market and they jack up the price, buying it at $7 wholesale and selling at $12, what to prevent competitors like a guy in his garage can buy $7 wholesale and sell it at $9.

Amazon price: $12
Competitor price: $9


Look at Apple domination in digital music selling at $1.29.
Amazon competed buy selling a lot of popular songs at $0.99, less margin but increase market share. Some did switch from Itunes to AmazonMP3.
Score: 7 Votes (Like | Disagree)
Schwerpunkt Avatar
153 months ago
The situation is not clear cut

You seem to imply that before the iBook store there was a competitive situation. Can't agree. Amazon was guilty of predatory pricing in my opinion and this in itself was anti trust. Now, I agree two wrongs don't make a right, but to sanction Apple for manipulating a "market" where it wasn't possible to profit from sales is wrong. If the anti trust bodies had sanctioned Amazon for its pricing policies, and a viable market had emerged, then there would have been no need for the publishers to try to protect themselves from being beholden to a single outlet.
Score: 7 Votes (Like | Disagree)