Amazon vs. Macmillan: It's all about control
The Amazon vs. Macmillan controversy has been beaten to a pulp in the blogosphere. See Megan McArdle, John Scalzi, Joshua Gans, Virginia Postrel, Lynne Kiesling, Lynne Kielsing and Lynne Kiesling,...
View ArticleApple and Amazon E-Book Most Favored Nation Clauses
Connecticut AG Richard Blumenthal has reportedly contacted Apple and Amazon concerning their pricing arrangements with publishers (WSJ, CNN): Mr. Blumenthal said he has sent letters to Amazon and Apple...
View ArticleAn update on the evolving e-book market: Kindle edition (pun intended)
[UPDATE: Josh links to a WSJ article telling us that EU antitrust enforcers raided several (unnamed) e-book publishers as part of an apparent antitrust investigation into the agency model and whether...
View ArticleThe Apple E-Book Kerfuffle Meets Alfred Marshall’s Principles of Economics
From a pure antitrust perspective, the real story behind the DOJ’s Apple e-book investigation is the Division’s deep commitment to the view that Most-Favored-Nation (MFN) clauses are anticompetitive...
View ArticleDOJ’s Latest on Apple Investigation
From the WSJ: Publishers argue that the agency model promotes competition by allowing more booksellers to thrive. They say Amazon had sold e-books below cost and that agency pricing saved book...
View ArticleThe procompetitive story that could undermine the DOJ’s e-books antitrust...
Did Apple conspire with e-book publishers to raise e-book prices? That’s what DOJ argues in a lawsuit filed yesterday. But does that violate the antitrust laws? Not necessarily—and even if it does,...
View ArticleApple Responds to the DOJ e-Books Complaint
Apple has filed its response to the DOJ Complaint in the e-books case. Here is the first paragraph of the Answer: The Government’s Complaint against Apple is fundamentally flawed as a matter of fact...
View ArticleWhy I think the government will have a tough time winning the Apple e-books...
Trial begins today in the Southern District of New York in United States v. Apple (the Apple e-books case), which I discussed previously here. Along with co-author Will Rinehart, I also contributed an...
View ArticleWhy I think the Apple e-books antitrust decision will (or at least should) be...
On July 10 a federal judge ruled that Apple violated antitrust law by conspiring to raise prices of e-books when it negotiated deals with five major publishers. I’ve written on the case and the issues...
View ArticleThe Second Circuit Misapplies the Per Se Rule in U.S. v. Apple
In its June 30 decision in United States v. Apple Inc., a three-judge Second Circuit panel departed from sound antitrust reasoning in holding that Apple’s e-book distribution agreement with various...
View ArticleThe 2nd Circuit’s Apple e-books decision: Debating the merits and the meaning
On Thursday I will be participating in an ABA panel discussion on the Apple e-books case, along with Mark Ryan (former DOJ attorney) and Fiona Scott-Morton (former DOJ economist), both of whom were key...
View ArticleICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit...
Today the International Center for Law & Economics (ICLE) submitted an amicus brief to the Supreme Court of the United States supporting Apple’s petition for certiorari in its e-books antitrust...
View ArticleKolasky on the Apple e-books case: Another reminder that “easy labels do not...
By William Kolasky In my view, the Second Circuit’s decision in Apple e-Books, if not reversed by the Supreme Court, threatens to undo a half century of progress in reforming antitrust doctrine. In...
View ArticleEpstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to...
View ArticleAbbott on the Apple e-books case: Apple v. United States and antitrust error...
As Judge (and Professor) Frank Easterbrook famously explained over three decades ago (in his seminal article The Limits of Antitrust), antitrust is an inherently limited body of law. In crafting and...
View ArticleJacobson on the Apple ebooks case: It is hard to find an easier antitrust...
by Jonathan Jacobson Try as one may, it is hard to find an easier antitrust case than United States v. Apple. Consider: The six leading publishers all wanted to prevent Amazon and others from offering...
View ArticleManne on the Apple e-books case: The Second Circuit’s decision has no support...
As ICLE argued in its amicus brief, the Second Circuit’s ruling in United States v. Apple Inc. is in direct conflict with the Supreme Court’s 2007 Leegin decision, and creates a circuit split with the...
View ArticleAlbanese on the Apple e-books case: Apple’s Anticlimactic Appeal
By Andrew Albanese In October of last year, I had the chance to interview Hachette CEO Arnaud Nourry from the stage at the Frankfurt Book Fair, and I asked him whether his 2009 concerns that low e-book...
View ArticleHylton on the Apple e-books case: The central importance of the Court’s...
For a few months I have thought that the Apple eBooks case would find an easy fit within the Supreme Court’s antitrust decisions. The case that seems closest to me is Business Electronics v. Sharp...
View ArticleBalto on the Apple e-books case: Skip the (Apple) appetizer and get to the...
The “magic” of Washington can only go so far. Whether it is political consultants trying to create controversy where there is basic consensus, such as in parts of the political campaign, or the earnest...
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