In their lawsuit against Apple and five agency publishers, the Department of Justice claims “the evidence showing conspiracy is substantial.” In the broadest terms, Justice charges that the defendants “shared their business information, plans, and strategies in order to formulate ways to raise retail e-book prices.” It appears that Justice is actually charging two separate conspiracies. The earlier one they say began “no later than September 2008” and involves a number of meetings regarding a possible “joint venture” to sell ebooks together as well as “telephone conversations and other communications in which they jointly acknowledged to each other the threat […]
DOJ
Sargent: “Macmillan did not act illegally. Macmillan did not collude.”
Macmillan ceo John Sargent released a letter to the company’s authors, illustrators and agents explaining their position in declining to settlement the lawsuit filed Wednesday by the Department of Justice: “The charge is civil, not criminal. Let me start by saying that Macmillan did not act illegally. Macmillan did not collude.” As Sargent recalls poignantly, “It is … hard to settle a lawsuit when you know you have done no wrong. The government’s charge is that Macmillan’s CEO colluded with other CEO’s in changing to the agency model. I am Macmillan’s CEO and I made the decision to move Macmillan […]
DOJ Formally Sues Five Publishers Over Introduction of Agency; Settlement with Some Expected Later Today
As anticipated, the Department of Justice formally filed suit Wednesday morning in a New York Federal Court against the five original agency publishers and Apple. The suit claims that the parties colluded to introduce agency pricing: “Defendants’ ongoing conspiracy and agreement have caused e-book consumers to pay tens of millions of dollars more for e-books than they otherwise would have paid,” the filing alleges. Macmillan ceo John Sargent has acknowledged that his company has declined to settle and will fight the litigation. “Macmillan did not act illegally. Macmillan did not collude,” he wrote to the community. (See story below for […]
Settlement With Justice By Some Publishers Looms…Or Not
Since last week, people with knowledge of settlement discussions between book publishers using the agency model for ebooks and the Justice Department have said with authority that some kind of agreement might be imminent. Absent an actual settlement and final details of how it would work, we didn’t think there was a story there–given the weeks of stories elsewhere saying there might be a settlement soon. But the Justice Department apparently continues to keep the WSJ informed, fueling the presumption within publishing that they are trying to press in public a case that they have yet to close in private […]
Apple, Harper and Penguin Reply to Agency-Pricing Class Action Lawsuit
As negotiations reportedly continue between multiple publishers and the Department of Justice over possible modifications to the agency model for ebook sales, the lawsuit seeking class-action status in New York’s Southern District Court continues, with three of the plaintiffs filing responses to the allegations earlier this month. Apple, filing on March 2, took issue with the idea of any conspiracy between it and publishers, saying the original complaint “implausibly suggests Apple conspired with the publishers to address economic issues it was not facing, and coordinated actions it did not participate in.” That’s because, when the agency model was implemented in […]
Justice Department Said to Threaten Suit Over Agency eBook Pricing
The Wall Street Journal says that the Justice Department’s lengthy investigation of the agency model for ebook pricing has escalated, with the government threatening to sue the “Agency Five” publishers and Apple “for allegedly colluding to raise the price of electronic books, according to people familiar with the matter.” The paper says that “some but not all” of the publishers involved have held settlement talks with Justice. Those same people said “the Justice Department believes that Apple and the publishers acted in concert to raise prices across the industry, and is prepared to sue them for violating federal antitrust laws.” […]