Most people know that the U.S. Department of Justice has sued Apple and five publishing companies for “price fixing.” One of those companies is Macmillan, the parent company of Tor, which is my publisher. The DOJ suit focuses on the use of the “agency model” as a way to keep e-book prices higher than the prices that Amazon was charging consumers for e-books. Obviously, the entire lawsuit bothers me, but one of the principal reasons why it why it bothers me is that the Department of Justice lawsuit is, in effect, a lawsuit in support of price fixing and predatory pricing by Amazon. I’ve seen comment after comment about how Apple and the publishers were ripping off readers.
And I’ll admit that, in the short run, allowing Amazon to continue to sell e-books at a price below their cost, which is what Amazon was doing, would have resulted in temporarily lower prices for e-books. There’s absolutely no question about that.
But… doesn’t anyone think about the longer term? At the time that Macmillan insisted on the “agency model,” Amazon was selling 91% of all e-books. That’s a far, far, greater market share than Standard Oil had a century ago when the federal government insisted on breaking the Rockefeller Standard Oil trust as a monopoly. In addition, Amazon was subsiding its losses on e-books not just from its book-selling business, but from its other more profitable online businesses. None of the independent booksellers nor Barnes and Noble, nor Borders, nor Books-a-Million had such a source of cash. Amazon’s practices, which the DOJ lawsuit effectively supports, were the very definition of both monopoly and predatory pricing… and DOJ did nothing to stop Amazon.
Does anyone in his or her right mind really believe that once Amazon consolidated a true monopoly that Amazon would continue to lose millions of dollars on e-books? No, two things would have happened. First, Amazon would have pressed the publishers to lower prices for e-books… and once Amazon had control of the market most of them would have been hard-pressed to resist. The publishers’ costs, like it or not, wouldn’t have gone down, and that would have pushed many more authors out of publication. That would limit just how much prices could be reduced, and prices would have crept back up, but with Amazon having a larger share, and in the end, readers wouldn’t end up paying much less for e-books, and there would have been no competition at all… and fewer authors.
As for the DOJ claim of collusion, as far as I can see, Macmillan colluded with no one. In fact, Macmillan insisted on the agency model alone for weeks. I know, because Amazon retaliated by refusing to sell ANY Macmillan books for those weeks, not just e-books, but all titles, and I and all the other Macmillan authors took hits, as did Macmillan. Now… the other publishers did finally join the push for the agency model, but they joined Macmillan. And I think it’s rather interesting that most of the other publishers immediately settled with DOJ. To me, that suggests that, if there was any collusion, they were doing the colluding. So in the end, DOJ is prosecuting the one publisher, it seems to me, that was NOT colluding. Now… I could be wrong, and if this goes to trial, we’ll see what actually happened.
What I do find interesting is that, now, something like two years later, Borders has gone bankrupt and vanished, but Amazon only sells a little over 60% of all e-books, rather than more than 90%… and DOJ is targeting the companies and the model that resulted in increased competition and more e-book outlets.
Could it just be that the administration is pandering to the “I want it cheap now” mentality in an election year? I also find this deplorable in that publishing is a very low margin business, and the administration is taking on a struggling industry when DOJ has done very little in terms of dealing with extensive and real corruption in the investment banking and financial sector… which had a far more devastating impact on the economy and the consumer.
Politics and more hypocrisy, anyone?




