Eddy Cue Speaks About iBooks Price-Fixing Case: 'We Feel We Have to Fight for the Truth'

In a new interview, Apple's Eddy Cue spoke with Fortune about the e-books pricing scandal that has plagued the company over the past several years. After a July 2013 judgment found the company guilty of conspiring to fix prices of electronic books, and a settlement in a class-action lawsuit was reached over the summer, the Apple negotiator at the center of the lawsuit has shared his thoughts on the case with Fortune ahead of Apple's appeals court appearance later this month.

The specifics of the case lie in the opening of the iBooks Store and the 17 percent industry-wide increase in e-book prices following its unveiling in April of 2010. Cue, Apple's "master negotiator", played a key role in convincing five of the then-six major publishing houses to start selling e-books through Apple's new store alongside the launch of the iPad. Part of the deal involved a shift in the pricing model for the entire e-books industry, eliminating Amazon's previous pricing advantage in which it would sometimes sell books at a loss in order to attract customers to Kindle hardware and other Amazon products.

These events led the Justice Department and thirty-three state attorneys general to sue Apple and those five publishing houses for horizontal price fixing in violation of the Sherman Act. While the publishing houses settled the lawsuits, Apple declined to do so and proceeded to trial in the federal case where the company was found guilty.

“Is it a fact that certain book prices went up?” asks Cue. “Yes. If you want to convict us on that, then we’re guilty. I knew some prices were going to go up, but hell, the whole world knew it, because that’s what the publishers were saying: ‘We want to get retailers to raise prices, and if we’re not able to, we’re not going to make the books available digitally.’ At the same time, other prices went down too, because now there was competition in the market.”

A settlement in the separate state and class-action consumer lawsuit worked out this past June sees Apple paying around $450 million if the company loses its appeal in the federal case and nothing if it wins. The case has dragged on far longer than most expect, and Cue argues that the company is fighting more for reputation than for monetary reasons.

Eddy Cue, Jimmy Iovine, Apple, Beats Music, Code Conference

“We feel we have to fight for the truth,” says Cue. “Luckily, Tim feels exactly like I do,” he continues, referring to Apple CEO Tim Cook, “which is: You have to fight for your principles no matter what. Because it’s just not right.”

Cue met with all six CEOs of the major publishing houses before the original iPad launched, and discovered most wanted the cost of e-books at price points both he and Steve Jobs considered too high. Cue proposed price tiers tied to the suggested retail prices of the hardback versions of the books.

As part of the shift to a new "agency model" of pricing similar to that used in the App Store, Cue also proposed a "most favored nation" clause, allowing Apple to match the price at which any retailer was selling a new e-book. When the iPad launched a few weeks later, most iBooks were priced between $12.99 and $14.99, higher than Amazon's typical $9.99 price point for best sellers but in the range of where publishers wanted to be selling their books. The agency model quickly became the industry standard, with Amazon also being required to adopt the pricing at the insistence of the publishers.

The sequence of events led Judge Denise Cote to rule in July 2013 that Apple was guilty of e-book price-fixing. When asked how he looks back on the "nightmare", Cue plainly stated, "If I had it to do all over again, I’d do it again. I’d just take better notes."

Apple will appear before the federal appeals court on December 15.

Popular Stories

AirPods Pro 3 Mock Feature

AirPods Pro 3 Just Months Away – Here's What We Know

Friday April 18, 2025 5:16 am PDT by
Despite being more than two years old, Apple's AirPods Pro 2 still dominate the premium wireless‑earbud space, thanks to a potent mix of top‑tier audio, class‑leading noise cancellation, and Apple's habit of delivering major new features through software updates. With AirPods Pro 3 widely expected to arrive in 2025, prospective buyers now face a familiar dilemma: snap up the proven...
iphone 17 air dummy unbox therapy

iPhone 17 Air's Extreme Thinness Demoed in New Video

Tuesday April 22, 2025 10:22 am PDT by
Apple plans to release an all-new super thin iPhone this year, debuting it alongside the iPhone 17, iPhone 17 Pro, and iPhone 17 Pro Max. We've seen pictures of dummy models, cases, and renders with the design, but Lewis Hilsenteger of Unbox Therapy today showed off newer dummy models that give us a better idea of just how thin the "iPhone 17 Air" will be. The iPhone 17 Air is expected to be ...
ipad air windows 11 arm

M2 iPad Air Runs Windows 11 ARM via Emulation, Thanks to EU Rules

Tuesday April 22, 2025 5:01 am PDT by
A developer has demonstrated Windows 11 ARM running on an M2 iPad Air using emulation, which has become much easier since the EU's Digital Markets Act (DMA) regulations came into effect. As spotted by Windows Latest, NTDev shared an instance of the emulation on social media and posted a video on YouTube (embedded below) demonstrating it in action. The achievement relies on new EU regulatory...
iOS 18

iOS 18.5 Includes Only a Few Changes So Far

Monday April 21, 2025 11:00 am PDT by
Apple seeded the third beta of iOS 18.5 to developers today, and so far the software update includes only a few minor changes. The changes are in the Mail and Settings apps. In the Mail app, you can now easily turn off contact photos directly within the app, by tapping on the circle with three dots in the top-right corner. In the Settings app, AppleCare+ coverage information is more...
iphone 16 pro models 1

17 Reasons to Wait for the iPhone 17

Thursday April 17, 2025 4:12 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we often get rumored features months ahead of launch. The iPhone 17 series is no different, and we already have a good idea of what to expect from Apple's 2025 smartphone lineup. If you skipped the iPhone...
iphone 17 pro majin bu sky blue

iPhone 17 Pro Allegedly Coming in Sky Blue Color Used for MacBook Air

Tuesday April 22, 2025 4:08 am PDT by
Apple will unveil the iPhone 17 Pro in a new Sky Blue color, the same color that debuted on the latest M4 MacBook Air models Apple released in March. That's according to the leaker Majin Bu. Concept mockup from Majin Bu Writing on his website, Bu claims that "sources close to the supply chain confirm that several iPhone 17 Pro prototypes have been made in various colors, with Sky Blue...
maxresdefault

iPhone 17 Pro Launching Later This Year With These 12 New Features

Sunday April 13, 2025 7:52 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Subscribe to the MacRumors YouTube channel for more videos. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and ...

Top Rated Comments

gnasher729 Avatar
136 months ago
You tell them, Fast Eddie.

Well, and there is Amazon which is _really_ trying to corner the eBook market. By all means. And there is Apple, trying to break the monopoly. And then there are people who have no idea what this case is about and deliberately misinterpret what Eddy Cue says.
Score: 31 Votes (Like | Disagree)
Oletros Avatar
136 months ago
Well, and there is Amazon which is _really_ trying to corner the eBook market. By all means. And there is Apple, trying to break the monopoly. And then there are people who have no idea what this case is about and deliberately misinterpret what Eddy Cue says.
Oh, the irony on calling others ignorant about the case and then saying that App tried to break a monopoly
Score: 12 Votes (Like | Disagree)
Zimmy68 Avatar
136 months ago
You tell them, Fast Eddie.

How you kept your job after this blows my mind.


"Is it a fact that certain book prices went up?" asks Cue. "Yes. If you want to convict us on that, then we're guilty. I knew some prices were going to go up, but hell, the whole world knew it, because that's what the publishers were saying: 'We want to get retailers to raise prices, and if we're not able to, we're not going to make the books available digitally.' At the same time, other prices went down too, because now there was competition in the market."


Great, what are fighting? You admitted it. I give you credit for that.
Score: 12 Votes (Like | Disagree)
kingtj Avatar
136 months ago
I confess I never followed this one real closely ....

But it sounds to me like Apple's making a sound argument. Book publishers were basically saying, "Screw you, Apple. We won't give you the rights to digital versions of our content because we don't think we get paid enough money when we sell our stuff that way." Apple said, "Well, hold on guys... How about you do pricing in tiers, like THIS (tied to the in store prices of the physical books)? Then you can make more money selling in our store and we're still at a price point we think is reasonable." They agreed, and it generally worked. Other publishers copied the same pricing structure, since it was working. And then people saw nobody was offering those "selling below cost" deals Amazon had been doing, and cried "Price fixing!" to the government.



Good to see Apple execs are as pompous as their products (I'm an Apple user - the products are a bit pompous don't you think?)

Stick to your principles Eddie, don't forget to fall on your sword - if you have any honor.
Score: 11 Votes (Like | Disagree)
gnasher729 Avatar
136 months ago
Oh, the irony on calling others ignorant about the case and then saying that App tried to break a monopoly

Well the irony of posting "Oh, the irony".

Do you have any actual arguments why we shouldn't call Amazon the big bully in the eBook market that it is?
Score: 10 Votes (Like | Disagree)
itr81 Avatar
136 months ago
You tell them, Fast Eddie.

How you kept your job after this blows my mind.


"Is it a fact that certain book prices went up?" asks Cue. "Yes. If you want to convict us on that, then we're guilty. I knew some prices were going to go up, but hell, the whole world knew it, because that's what the publishers were saying: 'We want to get retailers to raise prices, and if we're not able to, we're not going to make the books available digitally.' At the same time, other prices went down too, because now there was competition in the market."


Great, what are fighting? You admitted it. I give you credit for that.

I doubt Eddie is saying anything that's not setup by Apple legal at this point.
Score: 8 Votes (Like | Disagree)