Although Random House has said that the combination would control 25% of the book market, that appears to significantly understate things. The companiesí share of the U.S. trade book market for fiction and narrative non-fiction likely exceeds 35%. Their share in certain submarkets is no doubt even higher. The merger merits close scrutiny from antitrust officials at the Justice Department or the FTC.
So a conspiracy to raise prices on consumers is a misapplication of antitrust law because publishing is a "special snowflake" but combining market power to squeeze more money out of authors merits antitrust action.