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Books The Almighty Buck The Courts

Amazon.com and 'Big Five' Publishers Accused of eBook Price-Fixing (theguardian.com) 50

Amazon.com and the "Big Five" publishers -- Penguin Random House, Hachette, HarperCollins, Macmillan and Simon & Schuster -- have been accused of colluding to fix ebook prices, in a class action filed by the law firm that successfully sued Apple and the Big Five on the same charge 10 years ago. The Guardian reports: The lawsuit, filed in district court in New York on Thursday by Seattle firm Hagens Berman, on behalf of consumers in several US states, names the retail giant as the sole defendant but labels the publishers "co-conspirators." It alleges Amazon and the publishers use a clause known as "Most Favored Nations" (MFN) to keep ebook prices artificially high, by agreeing to price restraints that force consumers to pay more for ebooks purchased on retail platforms that are not Amazon.com. The lawsuit claims that almost 90% of all ebooks sold in the US are sold on Amazon, in addition to over 50% of all print books. The suit alleges that ebook prices dropped in 2013 and 2014 after Apple and major publishers were successfully sued for conspiring to set ebook prices, but rose again after Amazon renegotiated their contracts in 2015.

"In violation of Section 1 of the Sherman Antitrust Act, Defendant and the Big Five Co-conspirators agreed to various anti-competitive MFNs and anti-competitive provisions that functioned the same as MFNs," the complaint states. "Amazon's agreement with its Co-conspirators is an unreasonable restraint of trade that prevents competitive pricing and causes Plaintiffs and other consumers to overpay when they purchase ebooks from the Big Five through an ebook retailer that competes with Amazon. That harm persists and will not abate unless Amazon and the Big Five are stopped." The suit seeks compensation for consumers who purchased ebooks through competitors, damages and injunctive relief that would require Amazon and the publishers to "stop enforcing anti-competitive price restraints."

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Amazon.com and 'Big Five' Publishers Accused of eBook Price-Fixing

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  • Want to buy your game direct and save? Devs can't give you a 30% discount for the same reason. They're forced to pass on huge platform fees, whether you use the platform or not, because selling at a lower price is prevented due to MFN.
  • Really... (Score:4, Interesting)

    by Dutch Gun ( 899105 ) on Friday January 15, 2021 @09:51PM (#60950444)

    Again? My, how a decade flies by, and how these corporations never seem to change.

    I wonder if audiobooks are included among these? I've noticed a huge jump in price for some recent releases, enough that I just completely passed on buying. Naturally, if I were to sign up for a subscription to Amazon's Audible service, I'd get them for a fraction of the price.

  • So What? (Score:2, Insightful)

    by Jarwulf ( 530523 )
    WAIT A MINUTE...I thought...based upon all the recent news articles and posts here that we don't want to interfere with the 'free market' even if it acts monopolistically. How come reining in corporate oligarchies is only unacceptable when it comes to censoring conservatives? BUILD UR OWN PUBLISHER!
    • Nice try, but no cigar.
    • Protection for companies owned by US (effective) royals (Martha's vinyard crowd), with royal privileged regulatory position then competing with everyone else is not a 'free market'. ex: For sec 230 immunity you must not exercise editorial control of content, but in practice if your market cap is over 1 Billion then courts have invented an exception for you through 'case law' that's open to arbitrary interpretation by courts and in practice doesn't apply to competitors. That's not unequal protection under th
      • Can you provide an example of any case where an online service was held as the author of user content because they exercised "editorial control" in the form of moderation or amplification? No, you can't, because every site gets that protection, not just FB and Twitter.
  • by Rick Schumann ( 4662797 ) on Friday January 15, 2021 @09:58PM (#60950466) Journal
    Amazon has nigh-unto a monopoly, and they're committing acts of anti-trust? SHOCKING!
    • Ehhh. Depends what you want to read. There's tons of free web serials on Royal Road et al if you just want something casual to read. Wildbow's Worm is what, seven thousand pages or something all on its own.

      Real actual literature? Yeah, monopoly by virtue of all being published before the web existed as a viable place to churn out books.

    • Amazon has nigh-unto a monopoly, and they're committing acts of anti-trust? SHOCKING!

      I know, right? Well, at least they don't have the power to censor voices that they don't like ... er ...

  • Color me surprised at that one. Just add it list of things they done including union busting and illegally terminated contract with Parler after amazon recently signed a deal with twitter. Kinda convenient timing that a twitter rival had their services cut by amazon after they made that twitter deadl.
  • "The lawsuit claims that almost 90% of all ebooks sold in the US are sold on Amazon, in addition to over 50% of all print books."

    I don't believe this. Not only are there various online competitors there are also brick and mortar bookstores, Walmart/Target, drug stores, supermarkets...

    • by Canberra1 ( 3475749 ) on Friday January 15, 2021 @11:31PM (#60950664)
      When Harry Potter releases were THE big news, my local bookshop ordered a shitload full because the rep promised him that he would not be paying more than anyone else. On release day Target was selling the books below his COST price. So he got everyone to go down to Target and buy up every book they had for resale and RMA'ed every box back to the sales rep, who was dumb enough to ask why. So you see the 'competitors' DO have advance pricing knowledge, enough to kill off independent bookstores. There is the power to weaken and kill off the market, dictate prices. All print books could include those 'Self published' that could not find a publisher, but they too are raped by Amazons margins. But with COVID and all, Amazon did take advantage of the captive market, as traditional channels wilted, while Amazon also beefed up ebook security by inventing a new format, successfully clawing back the resale market (basically not allowed). I hope Germany and the EU take interest in proceedings. Thankfully a few enterprising Indian firms have created arbitrage services, which mostly works, IF you are not in a hurry.
    • "The lawsuit claims that almost 90% of all ebooks sold in the US are sold on Amazon, in addition to over 50% of all print books."

      I don't believe this. Not only are there various online competitors there are also brick and mortar bookstores, Walmart/Target, drug stores, supermarkets...

      Just because many others offer the same thing, doesn't mean they're actually selling them well, particularly during a global pandemic where the world's largest book pimp can deliver it to your doorstep, sometimes within hours.

      As far as brick and mortar, I just did a quick search in my area for "bookstore". Half the hits were Barnes & Noble, and the other half, were college university bookstores, which remain in business for even more corrupt reasons. Even the larger competitors to B&N, were drive

  • by I, myself, and me ( 6127650 ) on Friday January 15, 2021 @11:20PM (#60950646)
    http://b-ok.org/ [b-ok.org]
  • by Nicholas Schumacher ( 21495 ) on Friday January 15, 2021 @11:37PM (#60950678) Homepage

    The law firm suing here is pretty much RESPONSIBLE for Amazon having 90% of the e-book market, because they sued Apple and basically removed Amazon's only competition.

    • Well, Apple was clearly price-fixing too, so it's not like a market dominated by Apple and Amazon really was competitive. Both companies deserve to be sued into the ground.

  • Makes sense (Score:5, Insightful)

    by NormAtHome ( 99305 ) on Friday January 15, 2021 @11:44PM (#60950692)

    A couple years ago I bought a Amazon Kindle ereader for the convenience but when I see a book that I'm buying be $7.99 USD for a paperback and $6.99 for the Kindle version I can't help but think there's something wrong. The ebook version should be half to 3/4 the price of the printed version.

    • Re:Makes sense (Score:4, Interesting)

      by tlhIngan ( 30335 ) <slashdot.worf@net> on Saturday January 16, 2021 @06:48AM (#60951164)

      A couple years ago I bought a Amazon Kindle ereader for the convenience but when I see a book that I'm buying be $7.99 USD for a paperback and $6.99 for the Kindle version I can't help but think there's something wrong. The ebook version should be half to 3/4 the price of the printed version.

      Why? You may not realize it, but printing, warehousing and shipping deadtree books is so efficient these days it accounts for less than 10% of a book's retail cost. So the retail price should differ by only about 10% or so.

      So your example it's perfectly priced - the eBook for $7, the deadtree for $8. The physical nature would be about 70 to 80 cents of the price was due to the book printing, so the deadtree version benefits the retailer and publisher by 20 cents over the eBook.

      There are costs in publishing that apply to both the electronic and deadtree version - the book still needs to be written, and the author is paid the same regardless if it was electronic or deadtree. Same goes for the editor, the illustrator, the artists (someone needs to do the cover art, and if there are illustrations in the book, they have to be drawn - and many authors provide little more than a sketch on a napkin that has to be made "camera ready"). Then the text needs to be paginated and typeset, and someone has to write the front matter and back matter.

      The author's output is a block of text. The author basically only needs to punctuate and split it into chapters. If you're lucky, the author spellchecked.

      We've been shipping books around for centuries, the system is highly efficient as the publisher can only control paper, warehousing and shipping costs - the author and other people have to be paid and generally paid well if you want the talent. The vast majority of cost of a book is the people part - the physical product accounts for just a tiny part of the cost and is more than accounted for in eBook pricing.

      Of course, physical product occupies physical space, so sometimes it's just easier to liquidate by holding a fire sale to convert stale inventory to cash as well as free up warehouse space for new product. An eBook suffers no such problem - it just occupies some bytes of storage which is cheap and is always available - disk space isn't likely to run out so you don't need to ever run a sale just to clear out space, and you don't have thousands of dollars tied up in inventory with an eBook - Amazon doesn't buy a million copies of an eBook ahead of time and then sell those before they have to buy another million. Amazon just gets paid for the eBook which they then pay the publisher.

      • Blah blah blah. So tired of this argument. So what? Things aren't priced based on how much they cost to produce. If it costs me 20 cents to make something and people are willing to pay $100 for it, I'm not going to sell it for $0.50. When I'm finished reading that ebook can it lend it to my friends? Give it away? Sell it in the secondary market? Trade it for a different book? No. I've done all of those things. The price of a new book is subsidized by the fact that it is going to be re-used and recycled. So
      • Yes, but ... The publishers have been working VERY hard for the last 100 years or so to persuade the public that the print and the quality of materials does matter in pricing.
        See ... when a high profile author comes out with a new book that is expected to sell well and is highly anticipated by the public, the publisher comes out with a hardback. It sells for high price. Only when everyone that just can't wait to get his hands on it and is willing to pay this highly inflated price gets one and the sales sl
    • by dargaud ( 518470 )
      I'm fine with that but recently I got pissed at some pricings that were 8$ for the dead tree and 12$ for the kindle version. I don't know where they are going with that, I thought they wanted to encourage ereaders... In those cases I will refuse to buy the book either way.
    • A couple years ago I bought a Amazon Kindle ereader for the convenience but when I see a book that I'm buying be $7.99 USD for a paperback and $6.99 for the Kindle version I can't help but think there's something wrong. The ebook version should be half to 3/4 the price of the printed version.

      Guess that all depends on how much of that MSRP you feel is owed to the person who created it.

      From a physical standpoint, it might make sense to price an $8 physical book at $2 for the virtual version. Until you consider that shit prices, roll downhill. Not saying that creators don't already get screwed, (they certainly do), but a 75% discount for merely a different medium, seems a bit shortsighted for recognizing value, and could be a slippery slope that automatically seeks to reduce the value of everyt

    • A couple years ago I bought a Amazon Kindle ereader for the convenience but when I see a book that I'm buying be $7.99 USD for a paperback and $6.99 for the Kindle version I can't help but think there's something wrong. The ebook version should be half to 3/4 the price of the printed version.

      Just highlights that the price in both cases is mostly pure copyright-driven profit.

  • by greytree ( 7124971 ) on Saturday January 16, 2021 @03:30AM (#60950956)

    ..brought to you buy Amazon and the Big Five.

    No reasonable person can possibly defend them or their 70-year copyright.

    • by djinn6 ( 1868030 )

      Author's life plus 70 years.

      I don't think piracy really fixes the problem though. A better solution is to stop consuming them. There's more than enough legal free books to keep you occupied for a few centuries. Not to mention the best books are from authors who had something important to say, not because they wanted to make a profit.

  • by Skinkie ( 815924 ) on Saturday January 16, 2021 @05:59AM (#60951078) Homepage
    In The Netherlands books and ebooks may not have a variable price, the law is actually called "Law on the fixed book price". This is to prevent any undercutting on different platforms with new material. Might have been originally introduced to save small bookshops, that wouldn't be able to give major discounts.
  • But ... but ... if we break them up, won't censorship get more difficult?
  • I just got an advertisement from Amazon.com that was so subtle it is almost evil. I asked my Echo to play TV Hits. Alexa replied, " maybe you would like to hear "Music From Z?" And began playing the "Music From Z." I have listened to TV themes in the past and was surprised the Echo mis-heard. I opened the App to check and the unit had heard me correctly and "Music From Z" claimed to be a curated mix. I was wondering why a curator would select such an odd collection of 1920s popular and classical. When
  • Just buy these ebooks as used ones to save money.

    Oh wait.

  • "We deplatformed Parler! Politicians protect us. It was part of the deal!"

  • MFN clauses are ubiquitous in the travel industry as well. If you offer travel products through a platform owned by Booking Holdings or Expedia Group (which collectively own the majority of the major online travel booking websites) they will insist that your product not be sold at a lower price elsewhere than its sold in their platform.

    For example if you offer a hotel room at a given price through a site owned by Expedia Group at a given price, they will prevent you selling that same hotel room at a cheaper

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