U.S. Department of Justice Sues Apple and Publishers over E-Book Pricing

ibooks iconFollowing up on last month's threat to file suit over the Apple-backed agency model of e-book pricing, the U.S. Department of Justice today sued Apple and a number of book publishers over the practice, Bloomberg briefly reports. Settlement talks had been ongoing, but Apple and the publishers were reportedly unwilling to meet the Department of Justice's demands.

The U.S. filed a price- fixing antitrust lawsuit against Apple Corp. and Hachette in New York district court over eBook pricing. The government also sued HarperCollins, Macmillan and Penguin, according to court papers.

Settlement talks had centered around dismantling the agency model, which sees publishers set retail pricing and vendors receive a percentage of the sales price. Apple had pushed for the agency model in an attempt to dilute Amazon's power in the book market, where it had offered vast discounts, even sometimes selling books at a loss, in order to attract customers who would make other purchases through the site.

But the Department of Justice believes that the agency model as implemented by the publishers at Apple's behest amounts to collusion, with contracts between Apple and the publishers including language that prevented the publishers from offering lower pricing to competitors than they did to Apple. Contrary to the government's claims of an anti-competitive impact from the agency model, Apple and several of the publishers have argued that the move has fostered competitiveness by limiting Amazon's stranglehold on the book market. Consequently, the two sides have been unable to reach a settlement.

Update: Bloomberg reports that the Department of Justice has reached a settlement with Simon & Schuster, Hachette, and HarperCollins over the issue. Once finalized, the settlement would leave Apple, Macmillan and Penguin as defendants in the case.

Macmillan CEO John Sargent has published an open letter to the publisher's authors, illustrators and agents outlining why it will fight the lawsuit.

It is always better if possible to settle these matters before a case is brought. The costs of continuing—in time, distraction, and expense— are truly daunting.

But the terms the DOJ demanded were too onerous. After careful consideration, we came to the conclusion that the terms could have allowed Amazon to recover the monopoly position it had been building before our switch to the agency model. We also felt the settlement the DOJ wanted to impose would have a very negative and long term impact on those who sell books for a living, from the largest chain stores to the smallest independents.

Sargent notes that Macmillan makes less money under the agency model than it did under the previous wholesale model, but that it made the change to support competitiveness in the market, not stifle it.

Addressing the Department of Justice's claim that publishers and Apple colluded to fix pricing, Sargent also describes the circumstances under which he made the final decision to move to the agency model, calling it the "loneliest decision" he has ever made.

The government’s charge is that Macmillan’s CEO colluded with other CEO’s in changing to the agency model. I am Macmillan’s CEO and I made the decision to move Macmillan to the agency model. After days of thought and worry, I made the decision on January 22nd, 2010 a little after 4:00 AM, on an exercise bike in my basement. It remains the loneliest decision I have ever made, and I see no reason to go back on it now.

Update 2: The Department of Justice has released a transcript of a press conference statement from Attorney General Eric Holder regarding the lawsuit.

Update 3: Connecticut Attorney General George Jepsen today announced that a group of sixteen states have followed the Department of Justice's lead and filed their own lawsuit against Apple and publishers. The complaint claims that consumers were overcharged by at least $100 million due to the alleged price fixing.

Update 4: The Verge has a thorough analysis of the highlights from the Department of Justice's filing.

Popular Stories

iOS 26

iOS 26.1 Coming Soon: New Features for Your iPhone and Release Date

Monday October 27, 2025 7:55 am PDT by
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more. Below, we outline key details about iOS 26.1. Release Date Given that Apple has yet to seed an iOS 26.1 Release Candidate, which is typically the final beta version, the...
iOS 26

6 New Things Your iPhone Can Do in iOS 26.1

Wednesday October 29, 2025 4:22 am PDT by
Apple is about to drop iOS 26.1, the first major point release since iOS 26 was rolled out in September, and there are at least six notable changes and improvements to look forward to. We've rounded them up below. Apple has already provided developers and public beta testers with the release candidate version of iOS 26.1, which means Apple will likely roll out the update to all compatible...
maxresdefault

Apple TV 4K Could Still Launch Before 2025 Ends: All the Rumored Features

Monday October 27, 2025 4:51 pm PDT by
Apple is designing an updated version of the Apple TV 4K, and rumors suggest that it could come out sometime in the next couple of months. We're not expecting a major overhaul with design changes, but even a simple chip upgrade will bring major improvements to Apple's set-top box. Subscribe to the MacRumors YouTube channel for more videos. We've rounded up all the latest Apple TV rumors. ...
iOS 26

Apple Seeds iOS 26.1, iPadOS 26.1, and macOS Tahoe 26.1 Release Candidates

Tuesday October 28, 2025 1:07 pm PDT by
Apple today provided developers and public beta testers with the release candidate versions of upcoming iOS 26.1, iPadOS 26.1, macOS Tahoe 26.1, tvOS 26.1, watchOS 26.1, and visionOS 26.1 updates for testing purposes. The RCs betas come a week after Apple released the fourth betas. The new betas can be downloaded from the Settings app on a compatible device by going to General > Software...
M6 MacBook Pro Feature 1

M6 MacBook Pro: Release Date, Pricing, and What to Expect

Monday October 27, 2025 9:15 am PDT by
Apple this month refreshed the 14-inch MacBook Pro base model with its new M5 chip, and higher-end 14-inch and 16-inch MacBook Pro models with M5 Pro and M5 Max chips are expected to follow in early 2026. However, these machines will represent the final update to the current design, with Apple reportedly developing a completely new version of the MacBook Pro packed with next-generation hardware...
iPhone 17 Pro Cosmic Orange

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

Thursday October 30, 2025 4:42 am PDT 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...
macos tahoe

Here Are Apple's Release Notes for macOS Tahoe 26.1

Tuesday October 28, 2025 1:21 pm PDT by
Apple today provided developers and public beta testers with the release candidate version of macOS Tahoe 26.1, which means the update will likely see a public launch next week. The release candidate includes notes on what's in the update, so we have a full picture of the new features that Apple has included. macOS Tahoe 26.1 adds AutoMix support over AirPlay, improved FaceTime audio...
iPhone Car Key Kia

Another Vehicle Brand Gaining iPhone Car Keys Support

Tuesday October 28, 2025 5:27 am PDT by
Apple is preparing to bring support for its digital car key feature to Jetour vehicles, according to evidence uncovered on Apple's backend by MacRumors contributor Aaron Perris. Introduced in 2022, Car Keys allows an iPhone or Apple Watch to unlock a vehicle through the Wallet app. A digital version of a car key is stored in Wallet, and unlocking can be done by holding an Apple Watch or...
ipad mini 7 feature blue

OLED iPad Mini: Release Date, Pricing, and What to Expect

Wednesday October 29, 2025 7:13 am PDT by
Rumors are stoking excitement for the next-generation iPad mini that Apple is reportedly close to launching. So what should we expect from the successor to the iPad mini 7 that Apple released over a year ago? Read on to find out. Processor and Performance Apple is working on a next-generation version of the iPad mini (codename J510/J511) that features the A19 Pro chip, according to...

Top Rated Comments

WannaGoMac Avatar
177 months ago
Finally. I know I will be marked down on this site for saying this but...before Apple entered the ebook business, prices were coming DOWN. After Apple entered the ebook business, prices all went up and have stayed flat at the new price point.
Score: 38 Votes (Like | Disagree)
Xenomorph Avatar
177 months ago
great news for the consumer!
Indeed. I've stayed away from purchasing any e-book so far. Why would I pay $15 for a digital copy when I can order the same book online for $7?

I guess you're paying for the convenience of having all the digital copies in the palm of your hand, but digital distribution was supposed to make things cheaper!!!

If I can buy a hundreds of games on Steam for a fraction of the cost of what the boxed copies would have cost me, I'd think books (and movies) would be even cheaper.

Same with online movies.
Why buy a movie on iTunes for $15-$20, when I can pick it up on Blu-Ray at Walmart for $10 (which includes the HD Blu-ray, DVD, and sometimes even a free digital copy)?
Score: 32 Votes (Like | Disagree)
miles01110 Avatar
177 months ago
I honestly never really understood the government's argument on this one. Publishers already have a monopoly on book pricing anyways since one book is (usually) only available from one publisher. How can they collude with one another to keep the price of a book only one party has a monopoly on artificially high?
Score: 24 Votes (Like | Disagree)
jonnysods Avatar
177 months ago
Thank you big brother.

I'm glad they don't waste time with time wasting issues such as collusion of gas prices at the pumps, and they deal with important things like book prices.
Score: 18 Votes (Like | Disagree)
milbournosphere Avatar
177 months ago
It's nice to see my government working for me. :) Hopefully the matter will be resolved quickly. E-book pricing models are starting to get a little scary...
Score: 15 Votes (Like | Disagree)
TMay Avatar
177 months ago
Finally. I know I will be marked down on this site for saying this but...before Apple entered the ebook business, prices were coming DOWN. After Apple entered the ebook business, prices all went up and have stayed flat at the new price point.

Before Apple became involved, Amazon was "dumping" ebooks at prices below cost to gain market share.

This is what "dumping" looks like in the steel market...

http://www.mcclatchydc.com/2009/12/30/81483/china-loses-steel-dumping-case.html

"In a unanimous decision, the three Democrats and three Republicans on the ITC determined that subsidized steel from China has damaged U.S. steelmakers. The Chinese steel, the panel determined, had been dumped — sold at artificially low prices to undercut fair competition."

What part of Amazon's action doesn't look like "dumping", i.e., subsidizing to undercut fair competition, e.g., Apple, Wal Mart, et al.
Score: 14 Votes (Like | Disagree)