Ebook trial: Tossing Amazon out the window

Had Amazon defied the publishers' ultimatum, and the publishers followed through on their threat, it would have created a situation that one class of retailer willing to charge the highest price for ebooks would get the first window, while those that wanted to sell at a lower price got a later window. Standard operating procedure.…

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Defending the Apple way

The crux of the government's case against Apple is that it acted as the "ringmaster" of a conspiracy among the publishers to raise the price of ebooks above what Amazon was selling them for. But what the government calls a conspiracy in restraint of trade, Apple calls standard operating procedure for entering a concentrated media market.…

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Penguin tries to fix its ebook pricing problems

Should a merger agreement between Penguin and Random House be reached, agency pricing is most assuredly dead. Any approval of the merger by the Justice Department would almost certainly be conditioned on Penguin and Random House agreeing to forgo any agency pricing deals with retailers for at least several years.…

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Amazon’s disruptive timing

The synchronous timing of the court's approval of the settlement agreement between the government and a group of publishers in the e-book price-fixing case, and the Amazon's news conference to unveil the new Kindles was obviously coincidental. But it couldn't have been more fitting had Jeff Bezsos been able to arrange it all himself.…

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The Justice Department thinks different

The thrust of the Justice Department's two recent antitrust investigations is the same in each: to see whether incumbent media providers are abusing their dominant positions within traditional distribution chains to squelch competition arising from new, digital distribution chains.…

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