David Gaughran

As reported yesterday, the Department of Justice has filed its antitrust lawsuit against Apple and five of the largest publishers (Macmillan, Penguin, HarperCollins, Hachette, and Simon & Schuster).

A settlement has been agreed with HarperCollins, Hachette, and Simon & Schuster; Macmillan claimed the terms were too onerous, and Penguin appears to have refused to contemplate settling.

The agreed settlement must still be approved by the court, but among the conditions are the end of Agency (despite the attempted spin by PW in the above-linked article) and the return of pricing control to the retailers (such as Amazon). In addition, the settling parties will be monitored by the DoJ, who must be copied on any communications surrounding this or any related matters.

While the DoJ’s case is getting all the attention, it should not be forgotten that all the above parties are also being sued by sixteen State Attorneys-General who are…

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