07-23-2012, 10:59 AM | #1 | |
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DOJ Responds to Public Comments
http://www.mediabistro.com/galleycat...omments_b54778
DOJ response http://www.scribd.com/doc/100822270/...Final-Judgment To read all public comments here: http://www.justice.gov/atr/cases/apple/index05.html Quote:
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07-23-2012, 11:27 AM | #2 | |||
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http://allthingsd.com/20120723/feds-...rs-gonna-hate/
Quote:
If agency model replaces wholesale for everything.... MSRP will become MRP. Same price of everything where nothing can ever go on sale. Stores don't have to compete with discount. Manufacturers win. Retailers win. Customers lose. Quote:
868 public comments: 70 in favor of settlement 798 opposed Quote:
Last edited by Top100EbooksRank; 07-23-2012 at 11:39 AM. |
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07-23-2012, 12:37 PM | #3 |
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Finally, even if there were evidence to substantiate claims of “monopolization” or“predatory pricing,” they would not be sufficient to justify self-help in the form of collusion. (p22)
This is the answer to the 798. |
07-23-2012, 12:40 PM | #4 |
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Happy, happy, happy. Nice to see government get something right. Now how long to see some discounts?
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07-23-2012, 01:04 PM | #5 |
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Translation: no smokescreens allowed.
If Big Publishing wants special antitrust exemptions, take it up with Congress; don't try to pressure the DOJ with irrelevancies and astro-turf campaigns. Not in an election year. I noted a wee bit of testiness in the replies. Good. |
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07-23-2012, 02:07 PM | #6 |
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Some interesting things I noticed after a quick read through:
DOJ does have Amazon's financial and sales data. Amazon monopoly is "highly speculative." B&N had taken "considerable market share" from Amazon before Agency pricing. Apple, Microsoft, Google and Sony have committed considerable assets in ebooks despite Agency pricing. Enforcement of publisher discounting is voluntary. DOJ will not monitor. |
07-23-2012, 02:18 PM | #7 | |
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Quote:
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07-23-2012, 02:53 PM | #8 |
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Sure Apple and Barnes & Noble don't have to discount if they don't want to. The DOJ isn't going to force them to have sales. Seems fair to me.
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07-23-2012, 03:35 PM | #9 |
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Go DOJ!!!
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07-23-2012, 04:26 PM | #10 | ||
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Its not surprising that the DOJ thought it got it right with is settlement proposal.
Quote:
The DOJ put the best face on it by quoting the CFA and the Konrathites-indie authors associated with Amazon- but its pretty much lipstick on a pig. Some tidbits: 1. The DOJ affirmed that Amazon's ebook business has been consistently profitable. This counters what many people-including me- believed, which is that Amazon was using ebooks as a loss leader. 2. The DOJ says, repeatedly, that the settlement will only last two years and the publishers can go back to "full agency" after that. The strong hint I get from that is that a return by full agency by the BPHs is likely, if not inevitable, and the DOJ knows that. 3. The DOJ thinks that Amazon won't abuse its monopoly position (should they regain that) by raising consumer prices. It doesn't really explain why Amazon would not do that. 4. The DOJ has a novel suggestion to the "Showroom/Free Rider" problem: that the publishers should pay the B&M stores for marketing their books. Quote:
5. It will be up to the BPHs to police the discounting restrictions on the retailers by negotiating with the retailers to insert auditing clauses in the contracts with retailers. (I think it quite likely that the DOJ will be drawn into disputes about discounting restrictions, but we will have to wait and see). That's my first take. More anon. Last edited by stonetools; 07-23-2012 at 04:34 PM. |
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07-23-2012, 04:32 PM | #11 |
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Define lose. Personally I would see lots of different retailers existing as a good thing. It would allow specialisation of the same kind that we used to have in real shops in the UK before we got conned into thinking "competition" was good for consumers. Look how that one ended. A handful of books in grocery shops to choose from. But as long as they're cheap, yeah?
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07-23-2012, 04:39 PM | #12 |
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07-23-2012, 05:50 PM | #13 | |
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Quote:
Graham |
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07-24-2012, 04:16 AM | #14 | ||
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How would you like it if Hollywood studios control the final price of Blu-Ray/DVD? (prices would be the SAME whether it is Best Buy, Target, Wal-Mart, FYI etc...) Quote:
Amazon Apple B&N/Microsoft KOBO Sony Direct Selling from authors Do you think that these companies would stop selling ebooks? Is 30% commission essential for their ebookstore? Last edited by Top100EbooksRank; 07-24-2012 at 04:25 AM. |
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07-24-2012, 04:28 AM | #15 |
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Would agency pricing in digital music be a good thing?
Right now, Itunes/Apple/GooglePlay/eMusic/Zune selling MP3 using wholesale. As a result, they can offer discount to customers (if they want). Anyone want to advocate that the major labels (Universal + EMI, Sony Music Group, Warner Music Group) should be allowed to control the final price of MP3? In other words, the final price for all digital songs and all digital albums will be fixed. Is that a good thing? |
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