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 store down feature

Here's Why the Apple Store is Going Down

Thursday November 27, 2025 1:01 pm PST by
Apple's online store is going down for a few hours on a rolling country-by-country basis right now, but do not get your hopes up for new products. Apple takes its online store down for a few hours ahead of Black Friday every year to tease/prepare for its annual gift card offer with the purchase of select products. The store already went down and came back online in Australia and New Zealand, ...
iPhone Pocket Short

iPhone Pocket is Now Completely Sold Out Worldwide

Tuesday November 25, 2025 7:16 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. However, it is now completely sold out in all countries where it was released. iPhone Pocket became available to order on Apple's online store starting Friday, November 14, in the United States, France, China, Italy, Japan, Singapore, ...
streaming black friday 2025

Best Black Friday Streaming Deals - Save Big on Apple TV, Disney+, Hulu, and More

Thursday November 27, 2025 1:14 pm PST by
We've been focusing on deals on physical products over the past few weeks, but Black Friday is also a great time of year to purchase a streaming membership. Some of the biggest services have great discounts for new and select returning members this week, including Apple TV, Disney+, Hulu, Paramount+, Peacock, and more. Note: MacRumors is an affiliate partner with some of these vendors. When...
New Intel Logo

Apple and Intel Rumored to Partner on Mac Chips Again in a New Way

Friday November 28, 2025 7:33 am PST by
While all Macs are now powered by Apple's custom-designed chips, a new rumor claims that Apple may rekindle its partnership with Intel, albeit in a new and limited way. Apple supply chain analyst Ming-Chi Kuo today said Intel is expected to begin shipping Apple's lowest-end M-series chip as early as mid-2027. Kuo said Apple plans to utilize Intel's 18A process, which is the "earliest...
Apple Foldable Thumb

Foldable iPhone to Debut These Three Breakthrough Features

Tuesday November 25, 2025 7:09 am PST by
Apple's first foldable iPhone is expected to launch alongside the iPhone 18 Pro models in fall 2026, and it's shaping up to include three standout features that could set it apart from the competition. The book-style foldable will reportedly feature an industry-first 24-megapixel under-display camera built into the inner display, according to a recent JP Morgan equity research report. That...
iphone air camera

iPhone Air Flop Sparks Industry Retreat From Ultra-Thin Phones

Thursday November 27, 2025 3:14 am PST by
Apple's disappointing iPhone Air sales are causing major Chinese mobile vendors to scrap or freeze their own ultra-thin phone projects, according to reports coming out of Asia. Since the ‌iPhone Air‌ launched in September, there have been reports of poor sales and manufacturing cuts, while Apple's supply chain has scaled back shipments and production. Apple supplier Foxconn has...
streaming black friday 2025

Black Friday Streaming Deals Include Big Savings on Disney+, Hulu, Apple TV, and More

Monday November 24, 2025 8:03 am PST by
We've been focusing on deals on physical products over the past few weeks, but Black Friday is also a great time of year to purchase a streaming membership. Some of the biggest services have great discounts for new and select returning members this week, including Disney+, Hulu, Paramount+, Peacock, and more. Note: MacRumors is an affiliate partner with some of these vendors. When you click a...
iphone black friday gold

The Best Black Friday iPhone Deals Still Available

Friday November 28, 2025 6:24 am PST by
Cellular carriers have always offered big savings on the newest iPhone models during the holidays, and Black Friday 2025 sales have kicked off at AT&T, Verizon, T-Mobile, and more. Right now we're tracking notable offers on the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air. For even more savings, keep an eye on older models during the holiday shopping season. Note: MacRumors is...

Top Rated Comments

NATO Avatar
173 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
173 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
173 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
173 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
173 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
173 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)