U.S. Government Warns Apple and Publishers of Antitrust Lawsuit over e-Book Pricing

ibooks iconLast December, the U.S. Department of Justice acknowledged that it was conducing an antitrust investigation into the new "agency model" of e-book pricing that was championed by Apple ahead of its iBookstore rollout, a model in which publishers could set the retail prices of their books but could not sell them to retailers other than Apple for lower prices. A similar investigation has been ongoing in Europe as well.

The Wall Street Journal now reports that the Department of Justice has warned Apple and five e-book publishers that it intends to file an antitrust lawsuit against the companies over the matter, in which the companies are alleged to have colluded to raise the price of e-books.

Several of the parties have held talks to settle the antitrust case and head off a potentially damaging court battle, these people said. If successful, such a settlement could have wide-ranging repercussions for the industry, potentially leading to cheaper e-books for consumers. However, not every publisher is in settlement discussions.

The five publishers facing a potential suit are CBS Corp.'s Simon & Schuster Inc.; Lagardere SCA's Hachette Book Group; Pearson PLC's Penguin Group (USA); Macmillan, a unit of Verlagsgruppe Georg von Holtzbrinck GmbH; and HarperCollins Publishers Inc., a unit of News Corp. , which also owns The Wall Street Journal.

Many publishers were happy to sign on to Apple's agency model for book pricing, seeking to gain greater control of pricing for their content. After signing deals with Apple, they then turned to Amazon and other retailers, forcing them into the same arrangements by threatening to withhold their books from those retailers.

The Justice Department believes that Apple and the publishers acted in concert to raise prices across the industry, and is prepared to sue them for violating federal antitrust laws, the people familiar with the matter said.

The publishers have denied acting jointly to raise prices. They have told investigators that the shift to agency pricing enhanced competition in the industry by allowing more electronic booksellers to thrive.

Arguments that the agency model has actually increased competition center on Amazon's dominant position in the retail book industry, where it had frequently sold books at razor thin profits or even losses in order to attract customers for its broader shopping offerings. Under the agency model, greater price uniformity across retailers has allowed more companies to be competitive in the marketplace.

Popular Stories

Google maps feaure

Google Maps Quietly Added This Long-Overdue Feature for Drivers

Wednesday December 10, 2025 2:52 am PST by
Google Maps on iOS quietly gained a new feature recently that automatically recognizes where you've parked your vehicle and saves the location for you. Announced on LinkedIn by Rio Akasaka, Google Maps' senior product manager, the new feature auto-detects your parked location even if you don't use the parking pin function, saves it for up to 48 hours, and then automatically removes it once...
Foldable iPhone 2023 Feature 1

Apple to Make More Foldable iPhones Than Expected [Updated]

Tuesday December 9, 2025 9:59 am PST by
Apple has ordered 22 million OLED panels from Samsung Display for the first foldable iPhone, signaling a significantly larger production target than the display industry had previously anticipated, ET News reports. In the now-seemingly deleted report, ET News claimed that Samsung plans to mass-produce 11 million inward-folding OLED displays for Apple next year, as well as 11 million...
iOS 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...
iOS 26

15 New Things Your iPhone Can Do in iOS 26.2

Friday December 5, 2025 9:40 am PST by
Apple is about to release iOS 26.2, the second major point update for iPhones since iOS 26 was rolled out in September, and there are at least 15 notable changes and improvements worth checking out. We've rounded them up below. Apple is expected to roll out iOS 26.2 to compatible devices sometime between December 8 and December 16. When the update drops, you can check Apple's servers for the ...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods Pro 3

Thursday December 11, 2025 11:28 am PST by
Apple today released new firmware designed for the AirPods Pro 3 and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B30, up from 8B25, while the AirPods Pro 2 firmware is 8B28, up from 8B21. There's no word on what's include in the updated firmware, but the AirPods Pro 2 and AirPods Pro 3 are getting expanded support for Live Translation in the European Union in iOS...
iOS 26

Apple Seeds Second iOS 26.2 Release Candidate to Developers and Public Beta Testers

Monday December 8, 2025 10:18 am PST by
Apple today seeded the second release candidate version of iOS 26.2 to developers and public beta testers, with the software coming one week after Apple seeded the first RC. The release candidate represents the final version iOS 26.2 that will be provided to the public if no further bugs are found. Registered developers and public beta testers can download the betas from the Settings app on...
iPhone 14 Pro Dynamic Island

iPhone 18 Pro Leak Adds New Evidence for Under-Display Face ID

Monday December 8, 2025 4:54 am PST by
Apple is actively testing under-screen Face ID for next year's iPhone 18 Pro models using a special "spliced micro-transparent glass" window built into the display, claims a Chinese leaker. According to "Smart Pikachu," a Weibo account that has previously shared accurate supply-chain details on Chinese Android hardware, Apple is testing the special glass as a way to let the TrueDepth...
ipad blue prime day

iPad 12 Rumored to Get iPhone 17's A19 Chip, Breaking Apple Tradition

Wednesday December 10, 2025 12:22 pm PST by
The next-generation low-cost iPad will use Apple's A19 chip, according to a report from Macworld. Macworld claims to have seen an "internal Apple code document" with information about the 2026 iPad lineup. Prior documentation discovered by MacRumors suggested that the iPad 12 would be equipped with an A18 chip, not an A19 chip. The A19 chip was just released this year in the iPhone 17, and...
AirTag 2 Mock Feature

Apple AirTag 2: Four New Features Found in iOS 26 Code

Thursday December 11, 2025 10:31 am PST by
The AirTag 2 will include a handful of new features that will improve tracking capabilities, according to a new report from Macworld. The site says that it was able to access an internal build of iOS 26, which includes references to multiple unreleased products. Here's what's supposedly coming: An improved pairing process, though no details were provided. AirTag pairing is already...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Monday December 1, 2025 2:40 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...

Top Rated Comments

realmike15 Avatar
180 months ago
Sounds feasible to me, I know for a fact when I check e-book vs hardcopy prices I've found e-books to be much more expensive on numerous occasions. This doesn't make sense from a printing and delivery standpoint, and makes me believe these companies are trying to take advantage of the hype and popularity behind ebooks as a new technology. I hope they come down hard on Apple and Publishers if it's true, ripping off customers should not be a business model for any company. No sympathy for greed.
Score: 40 Votes (Like | Disagree)
ElCidRo Avatar
180 months ago
Sounds feasible to me, I know for a fact when I check e-book vs hardcopy prices I've found e-books to be much more expensive on numerous occasions. This doesn't make sense from a printing and delivery standpoint, and makes me believe these companies are trying to take advantage of the hype and popularity behind ebooks as a new technology. I hope they come down hard on Apple and Publishers if it's true, ripping off customers should not be a business model for any company. No sympathy for greed.

Well said. The price of ebooks is WAY WAY too high. I even think they would make more profit if they had lower prices. Like 1/2 compared to the printed editions.
Score: 23 Votes (Like | Disagree)
WannaGoMac Avatar
180 months ago
Finally!

Fact is it costs a great deal LESS to distribute an ebook.

Fact because of DRM and continually increasing limitations on library ebook loan programs the publishers will actually sell more books in the long run compared to paper books.

Why are none of these savings (and increased sales) not being at all passed on to the consumer? Collusion by publishers to save old profit levels and potentially make higher ones because ebooks are cheaper to distribute).

I can't believe it's taken this long to get the gov regulators involved. Let's see if they actually do anything...
Score: 19 Votes (Like | Disagree)
silentbob007 Avatar
180 months ago
This isn't good! The government should not dictate what a company charges for it's products/services. If you are dissatisfied with Apple's pricing, you should buy your e-books from Amazon! If they overcharge, use Kobo or Barnes and Noble. If they overcharge, refuse to buy e-books until the pricing goes down.
It's called the free market.

Agreed that I am not a fan of government interference, but then again ... it is also a function of the government to keep a free market. If there was collusion to force others to raise their prices, then that is a place where the government has a rightful claim for interference.
Score: 9 Votes (Like | Disagree)
ihateilove Avatar
180 months ago
It's funny really: You see, on the one hand I feel it is appropriate to ensure people who make cultural things -- authors, artists, musicians and so on -- are able to make a comfortable living from their works. It enables them to focus on making the art I love.

On the other hand, I'm minded to oppose collusion. In this case, I fear only Amazon really wins, as if publishers can't keep publishing then we'll lose the more esoteric works as they'll focus entirely on mass market classics.

I find it hard to make a judgement call on what's right or wrong in this on those grounds.
Score: 8 Votes (Like | Disagree)
stockscalper Avatar
180 months ago
I think you're making the "mistake" of thinking about this logically.

Amazon gives a lot of money to democrats. The democrats are in power.

Apple competes with Amazon by undermining Amazon's monopoly on ebook publishing, and starts offering ebooks cheaper than Amazon was. So, Amazon calls their friends in washington-- Boom, Antitrust!

Antitrust is always used as a tool by one group to attack another group that is beating them in the free market.

IF you can't win in the marketplace, get government to use violence against your competitors.

This has nothing to do with Democrats or Republicans. It has to do with publishers getting together and setting prices for books and not letting book sellers, like Amazon, discount or deviate from the price they set. That's called price fixing and it's been illegal in this country for over 100 years. It's not a free market when companies collude to fix prices.
Score: 7 Votes (Like | Disagree)