Some of this has to do with when the contracts were signed and renewed. In 2010, Amazon and Penguin could not arrive at acceptable terms and Penguin eBooks were not available for sale in the US via the Amazon store. This year the line in the sand is being drawn in Canada. From what I understand, Agency pricing has to be the same for all retailers/vendors in a given location. They do not necessarily sign those contracts at the same time.
I am including this again, in case folks have not seen it. It is the legal notice Kobo has been sending out on Agency pricing recently when they send discount codes.
Quote:
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Legal Offer valid from [...]. This offer is not valid in conjunction with any other offer or promotion and cannot be used to adjust amount paid on previous purchases. Discount code is valid for one time $1 off any eBook purchase excluding those from the following publishers: In the UK - Zondervan, Random House, Hachette Book Group, HarperCollins, Penguin, Simon & Schuster, Wiley and all respective subsidiary imprints. In the US - Hachette Book Group USA, HarperCollins, Simon & Schuster, Penguin, Macmillan, Zondervan, Wiley, Random House and all respective subsidiary imprints. In CA - Zondervan, Simon & Schuster, HarperCollins, Hachette Book Group, Penguin, Wiley, and Macmillan. In AU/NZ - Zondervan, Wiley, Hachette Book Group, HarperCollins and all respective subsidiary imprints. Newspapers and magazines are excluded from this offer. Promotional code must be entered at time of purchase to qualify for this discount. Discounts cannot be applied nor the discount value refunded once a purchase is complete. We reserve the right to change or end this offer at any time without notice.
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Also check to see if both sellers are including taxes/VAT. Whether or not a foreign company has to collect taxes for goods sold are a trade agreement/legal issue.