Quote:
Originally Posted by VioletVal
The DOJ won't need information from Amazon to enforce breakeven sales. If Amazon sells ebooks at below cost, one of the publishers could file a complaint and provide that information, along with supporting records, to the DOJ.
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If the publishers are paid on the wholesale model, where they make a certain amount per sale, regardless of Amazon's price, they'd have to track all their books to find out if any are being sold below retail price--and then they'd need a way to force Amazon to hand over the record of how many they sold at the lower price.
Since Amazon's not a party to the lawsuit, I don't see how they can be required to comply with this. The DOJ doesn't have the ability to require businesses to change their record-keeping and accounting methods because someone else was found guilty of breaking a law.
I don't see how Amazon can be required not to sell books below cost, either. I can see publishers being allowed to have contracts that require Amazon (or any other vendor) not to sell below cost, or not to sell more than a certain number below a certain price--but going against that becomes breach of contract, not a violation of any specific law. The contracts would need to include language explaining how those measures will be enforced, and the penalties for violating them.