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Apple accused of forcing book prices higher

Apple senior executive Eddy Cue said in a US federal court this week that some popular e-book titles may have become more expensive after his company got into the business, but that Apple was not to blame for those price increases.
By · 15 Jun 2013
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15 Jun 2013
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Apple senior executive Eddy Cue said in a US federal court this week that some popular e-book titles may have become more expensive after his company got into the business, but that Apple was not to blame for those price increases.

Mr Cue, the head of Apple's iTunes business, has been portrayed by the US government as the "chief ringleader of the conspiracy" between Apple and publishers that worked together to force all retailers to increase e-book prices.

To provide evidence of that collusion, federal prosecutors noted the dozens of email exchanges and records of more than 100 phone calls and notes sent between Mr Cue, other Apple executives and the publishers. In response, Mr Cue admitted he simultaneously negotiated deals with five publishers - Penguin, Simon & Schuster, HarperCollins, Hatchette and Macmillan. He even shared with publishers the progress of negotiations with rivals in general terms.

But he said he was focused on winning contracts for Apple to enter the digital books market, not to unfairly hamper rivals like Amazon. "I didn't raise prices," Mr Cue said.

Mr Cue said he had been working "24/7" because he wanted to complete arrangements with publishers so the e-books store could launch with the introduction of the iPad. It was something he wanted to do for late Apple founder Steve Jobs, who was growing increasingly sick then.

"Steve was nearing the end of life when we launched the iPad. I wanted be able to get that done in time for that because it was important to him," Mr Cue said.

As chief negotiator for Apple in all its content deals with record labels, book publishers and movie studios, Mr Cue is a central witness in the Justice Departments's antitrust lawsuit. The government contends Apple in late 2009 and early 2010 pushed publishers to go with a so-called agency model. That structure allowed publishers, rather than retailers, to set the price of e-books, while Apple would receive a 30 per cent commission from the sales.

The publishers then pushed Amazon, which held 90 per cent of the e-books market, to adopt a similar model, with Apple's backing. Meanwhile, prices rose by as much as $US2 to $US4 ($2.08 to $4.17) for popular titles, US attorneys said.

During testimony, prosecutors introduced a February 10, 2010, email from Mr Jobs to Mr Cue to prove Mr Jobs knew of the scheme to fix prices and force Amazon to increase its e-book prices.

In response to a proposal from Mr Cue to embrace the agency model, Mr Jobs wrote: "I can live with this, as long as they move Amazon to the agent model too for new releases for the first year. If they don't, I'm not sure we can be competitive."

Mr Cue said he never received the email, which defence attorneys said was a draft.

In more than five hours of testimony, Mr Cue vigorously defended his negotiations as typical in business. Apple customers got "great prices, great selection, at a better bookstore", he said.
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Frequently Asked Questions about this Article…

The US government accuses Apple of conspiring with major publishers to force retailers to raise e-book prices. Federal prosecutors say Apple and publishers worked together in late 2009 and early 2010 to push an agency pricing model that led to higher prices for some popular e-book titles.

Eddy Cue told the court that while some popular e-book titles may have become more expensive after Apple entered the market, Apple was not to blame for those price increases. He said his focus was on winning contracts so Apple’s e-book store could launch with the iPad, and he denied intentionally raising prices or unfairly hampering rivals such as Amazon.

Prosecutors highlighted dozens of email exchanges and records of more than 100 phone calls and notes between Eddy Cue, other Apple executives and publishers. They also introduced a February 10, 2010 email from Steve Jobs as part of their evidence to show knowledge of the pricing approach.

Under the agency model described in the case, publishers set the retail price of e-books and retailers act as agents, taking a commission on sales. The article says Apple pushed publishers to adopt this model and would receive a 30% commission on e-book sales under those agreements.

Eddy Cue testified that he negotiated simultaneously with five publishers: Penguin, Simon & Schuster, HarperCollins, Hachette and Macmillan.

US attorneys said prices rose by as much as US$2 to US$4 (about $2.08 to $4.17) for popular e-book titles after publishers and retailers moved to the agency model with Apple’s backing.

Prosecutors introduced a February 10, 2010 email in which Steve Jobs wrote: "I can live with this, as long as they move Amazon to the agent model too for new releases for the first year. If they don't, I'm not sure we can be competitive." The government used the message to argue Jobs knew of plans that could lead to higher prices; defense lawyers said the email was a draft and Eddy Cue said he never received it.

The case involves a major tech company, competition issues, and potential legal and reputational consequences that can affect companies and markets. The article highlights Apple’s central role in negotiations and the Justice Department’s antitrust lawsuit, so investors may want to follow developments to understand potential business and regulatory impacts.