Apple Offering Concessions in European E-Book Suit as Several Publishers Settle in U.S.

ibooks iconReuters reports that Apple and several major publishers have agreed to offer concessions in an ongoing European Union antitrust investigation over alleged e-book price fixing. The concessions would significantly unravel the Apple-backed agency model of book pricing in which publishers set the retail prices for their content with distributors such as Apple and Amazon receiving a fixed percentage of the sales price.

Apple and four major publishers have offered to allow retailers such as Amazon to sell e-books at a discount for two years in a bid to end an EU antitrust investigation and stave off possible fines, a person familiar with the matter said on Friday. [...]

The Commission was now sounding out opinions from the industry as to whether the concessions are sufficient, the person familiar with the matter said, before a formal market test which could lead to the investigation being dropped.

News of Apple's willingness to make concessions in Europe comes just two days after a group of publishers agreed to a $69 million settlement in the United States over the same issue. The U.S. Department of Justice sued Apple and five publishers back in April, and while three of the publishers elected to settle the case, Apple and the other two publishers have been fighting the charges.

Regulators have claimed that the shift to the agency model amounted to price collusion facilitated by Apple and the publishers, sparking the antitrust concerns. For its part, Apple has cited that the implementation of the agency model has had the opposite effect, weakening Amazon's previously overwhelming position at the top of the market gained by selling books at deep discounts to entice customers to visit the online store and purchase other products and content.

Popular Stories

Apple iPhone 16e Feature

Apple Announces iPhone 16e With A18 Chip and Apple Intelligence, Pricing Starts at $599

Wednesday February 19, 2025 8:02 am PST by
Apple today introduced the iPhone 16e, its newest entry-level smartphone. The device succeeds the third-generation iPhone SE, which has now been discontinued. The iPhone 16e features a larger 6.1-inch OLED display, up from a 4.7-inch LCD on the iPhone SE. The display has a notch for Face ID, and this means that Apple no longer sells any iPhones with a Touch ID fingerprint button, marking the ...
iphone 17 pro asherdipps

iPhone 17 Pro Models Rumored to Feature Aluminum Frame Instead of Titanium Frame

Tuesday February 18, 2025 12:02 pm PST by
Over the years, Apple has switched from an aluminum frame to a stainless steel frame to a titanium frame for its highest-end iPhones. And now, it has been rumored that Apple will go back to using aluminum for three out of four iPhone 17 models. In an investor note with research firm GF Securities, obtained by MacRumors this week, Apple supply chain analyst Jeff Pu said the iPhone 17, iPhone...
apple launch feb 2025 alt

Here Are the New Apple Products We're Still Expecting This Spring

Thursday February 20, 2025 5:06 am PST by
Now that Apple has announced its new more affordable iPhone 16e, our thoughts turn to what else we are expecting from the company this spring. There are three product categories that we are definitely expecting to get upgraded before spring has ended. Keep reading to learn what they are. If we're lucky, Apple might make a surprise announcement about a completely new product category. M4...
Generic iOS 18

Here's When Apple Will Release iOS 18.4

Wednesday February 19, 2025 11:38 am PST by
Following the launch of the iPhone 16e, Apple updated its iOS 18, iPadOS 18, and macOS Sequoia pages to give a narrower timeline on when the next updates are set to launch. All three pages now state that new Apple Intelligence features and languages will launch in early April, an update from the more broader April timeframe that Apple provided before. The next major point updates will be iOS ...
prioritize notifications ios 18 4

Everything New in iOS 18.4 Beta 1

Friday February 21, 2025 1:08 pm PST by
Apple finally released the first beta of iOS 18.4 to developers for testing purposes, and while the beta is lacking some of the Apple Intelligence features we were hoping for, there are some notable new additions. Subscribe to the MacRumors YouTube channel for more videos. Priority Notifications - Apple Intelligence There is a new Priority Notifications feature that can show you your most...
apple launch feb 2025

Tim Cook Teases an 'Apple Launch' Next Wednesday

Thursday February 13, 2025 8:07 am PST by
In a social media post today, Apple CEO Tim Cook teased an upcoming "launch" of some kind scheduled for Wednesday, February 19. "Get ready to meet the newest member of the family," he said, with an #AppleLaunch hashtag. The post includes a short video with an animated Apple logo inside a circle. Cook did not provide an exact time for the launch, or share any other specific details, so...
iPhone 16e Feature

Apple Denies Speculation Surrounding iPhone 16e's Lack of MagSafe

Friday February 21, 2025 8:01 am PST by
Apple has confirmed that its custom-designed C1 modem in the iPhone 16e has nothing to do with the device's lack of MagSafe support, according to Macworld. Following the launch of the iPhone 16e, there was some speculation online about how MagSafe magnets might have interfered with the C1 modem's cellular connectivity performance, and this was considered to be a potential reason for the...
apple c1

Apple Unveils 'C1' as First Custom Cellular Modem

Wednesday February 19, 2025 8:08 am PST by
Apple today announced its first custom cellular modem with the name "C1," debuting in the all-new iPhone 16e. The new modem contributes to the iPhone 16e's power efficiency, giving it the longest battery life of any iPhone with a 6.1-inch display, such as the iPhone 15 and iPhone 16. Expanding the benefits of Apple silicon, C1 is the first modem designed by Apple and the most...

Top Rated Comments

NATO Avatar
163 months ago
Yes ... the agency model must be stopped ... because if I am a content owner, I shouldn't be able to set my price for my content.

This hardly qualifies as worthy of anti-trust ... just some pissed off folks who whine because the latest blockbuster isn't going for $10. Cheap bastards.
You've missed the point entirely of this investigation by the EU.

With physical books (and eBooks until the Agency model was introduced), Amazon etc would buy books/eBooks in bulk at the wholesale price agreed by the publisher. Amazon could then in turn sell the books for as much or as little as it liked, but the publisher still got paid their wholesale price.

What the agency model did was stop Amazon etc selling books for whatever price they wanted and instead imposed a price on the end-customer, with Amazon/Apple receiving a fee in return for each sale.

It's blatant price-fixing, it has artificially inflated eBook prices and it should be stopped. I hope the EU hits them with everything they've got, because price fixing in every other industry is illegal because it's anti-consumer.
Score: 9 Votes (Like | Disagree)
samcraig Avatar
163 months ago
Amazon did that in response to the Apple deal, to avoid adopting the agency model. You've got the arrow of time (and causality) backwards.

It's the second time he's done that this week....
Score: 4 Votes (Like | Disagree)
sockatume Avatar
163 months ago
The collusion was necessary. Amazon had a nasty habit of punishing individual publishers who wouldn't play ball in e-books by yanking their paperback and hardback books as well

Amazon did that in response to the Apple deal, to avoid adopting the agency model. You've got the arrow of time (and causality) backwards.
Score: 4 Votes (Like | Disagree)
rhino7 Avatar
163 months ago
You've missed the point entirely of this investigation by the EU.

With physical books (and eBooks until the Agency model was introduced), Amazon etc would buy books/eBooks in bulk at the wholesale price agreed by the publisher. Amazon could then in turn sell the books for as much or as little as it liked, but the publisher still got paid their wholesale price.

What the agency model did was stop Amazon etc selling books for whatever price they wanted and instead imposed a price on the end-customer, with Amazon/Apple receiving a fee in return for each sale.

It's blatant price-fixing, it has artificially inflated eBook prices and it should be stopped. I hope the EU hits them with everything they've got, because price fixing in every other industry is illegal because it's anti-consumer.

Sums it up beautifully.
Score: 4 Votes (Like | Disagree)
samcraig Avatar
163 months ago
Except Amazon was consistently selling for such a deep discount that it was nearly impossible for any competitor that wasn't selling in such volume across such a wide range of products (i.e., any competitor) was unable to compete and thus Amazon had the market to themselves. Which gave Amazon the ability to dictate terms to the publishers and eventually set whatever price they wanted.

The Most Favored Nation clause was needed at the time because without it, Amazon both had the market strength and willingness to use it to regain control of the market ("You want agency pricing? OK, you sell to us for 20% less or your books are no longer for sale by us. Any books. e-Books, hardbacks, paperbacks") Things have changed and it probably should be dumped by now.

I can't imagine the concessions being accepted, particularly the two year limit on discounting. No time limit but "can discount up to 20%" might fly.


Seems some people are OK with Apple having all the cake at the party but other companies are wrong from trying to do the same.
Score: 3 Votes (Like | Disagree)
tbrinkma Avatar
163 months ago
I was under the impression that the iBook publishing terms banned publishers from selling their ebooks at a lower price anywhere else, giving Apple a contractually-obligated price advantage over everyone. Given that the agreement was made with pretty much every major publisher, that's rather more harmful than shifting to the agency model would have been on its own.

Amazon's price scraping is ruining the market. That doesn't mean that the other extreme is acceptable.

Yes, the Apple agreement has a 'most favored nation' clause. That doesn't give them a pricing *advantage*, though. It simply prevents them from having a pricing *disadvantage*.

Allowed:
Apple: $5
Amazon: $5
Joe's Book Shop: $5

Disallowed:
Apple: $6
Amazon: $6
Joe's Book Shop: $5

And, technically, a 'most favored nation' clause doesn't say "You can't sell it anywhere else for less". It says, "If you sell it anywhere else for less, you have to give us that lower price as well."
Score: 3 Votes (Like | Disagree)