The big winner in the U.S. government's antitrust victory over Apple is Amazon, experts say, as the online retailer will now be able to price e-books however it wants.
While Amazon is already the e-book market leader, the company will be able to continue its aggressive pricing strategy to gain further market share, market watchers who spoke with Bloomberg said. Some even believe the ruling could affect Apple in areas other than the e-book market.
"Any Financial penalty is pocket change for Apple, but this decision can have a long-term effect," said David Balto, former policy director for the U.S. Federal Trade Commission. "The government can extend this beyond books."
For her part, U.S. District Judge Denise Cote, who handed down the ruling on Wednesday, said her decision was based solely on events that occurred as Apple entered the e-book market. The judge said she does not "seek to paint with a broader brush."
The main issue for Apple in the trial was the fact that Amazon's low-price business model favors consumers, while antitrust laws are designed to protect consumers. Amazon sells titles under the so-called "wholesale model," which gives the retailer the power to set its own prices, sometimes at or below cost.
Book sellers opposed Amazon's use of the wholesale model, because it undercut their ability to have pricing parity with other e-book platforms, or even physical books. For that reason, they aligned with Apple to switch to the "agency" pricing model, which let them set their own prices â a move that brought on antitrust scrutiny from the U.S. government.
Major publishers opted to settle with the government out of court rather than fight the antitrust case, but Apple decided to hold out and go to trial. After Wednesday's ruling, the company vowed to continue the fight and appeal Cote's decision.
Apple has much to gain by pushing forward in spite of the setback, according to Reuters. In particular, Apple may wish to preserve its negotiating leverage for future content deals, especially in its ongoing talks with Hollywood studios and record companies.
According to the report, Apple's current discussions have been inspired by "aggressive forays" into the digital music and movie markets by competitors Google and Amazon. While Amazon is the market leader for e-books, Apple's iTunes remains the go-to destination for buying digital music, movies and TV shows.
84 Comments
Apple can do the same can't they? I don't thin k the government was trying to restrict Apple's price options. They certainly have a huge advantage from a revenue standpoint and can easily afford to price match Amazon.
Why can't Apple just mimic the strategy of Amazon and keep the price as same as Amazon? I believe people will come to Apple even if it same as Amazon price.
Whether or not Apple is guilty, the Justice department really must go after Amazon now. It's abusing both it's (near) monopoly status and it's ability to sell below cost to (a) drive other retailers out of business, and (b) reduce the value of books to the point that no publisher will be able to support serious authors (i.e. that don't sell in sufficient quantity). While the pricing may appear consumer friendly in the short term, this is not consumer or author friendly in the medium-long term.
Apple's loss in e-book antitrust case likely to give advantage to Amazon
In all honesty though, I will simply buy eBooks from whoever has them the cheapest.
Considering that Apple is appealing the decision and it's quite possible that it will be reversed on appeal, this article is currently just guesswork.