• <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Chagall (Marc). <i>Cirque,</i> one of 270 copies on Arches signed by the artist, 38 lithographs, 23 colour, Paris, Tériade Éditeur, 1967. £100,000 to £150,000.
    <b>Forum Auctions, Sep. 25:</b> Sangorski (Alberto).- Poe (Edgar Allan). <i>Annabel Lee and Other Poems,</i> illuminated manuscript in gold and colours, bound in turquoise morocco tooled in gilt and inlaid with 35 jewels, [c.1928]. £50,000 to £70,000.
    <b>Forum Auctions, Sep. 25:</b> Darwin (Charles) and Alfred R. Wallace. “On the Tendency of Species to form Varieties...,” contained in <i>Journal of the Proceedings of the Linnean Society,</i> 1859. £12,000 to £18,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Ornament.- Basque metalwork.- Zuloaga (Eusebio) and Workshop. Collection of twenty-three original ornament designs for damascening, [19th century]. £8,000 to £12,000.
    <b>Forum Auctions, Sep. 25:</b> Arms and Armour.- Rugendas.- <i>Der Harnisch Von Seinem Entstehen Bis Zu Seinem Wiedervergehen In Bildern Dargestelt Und Gezeichnet,</i> [1714 and later]. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 25:</b> Webster (John). <i>A Monumental Columne, erected to the liuing memory of the euer-glorious Henry, late Prince of Wales,</i> rare first edition, Printed by N[icholas]. O[kes]. for William Welby, 1613. £6,000 to £8,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Donne (John). <i>Poems, by J.D. with elegies on the Authors Death,</i> first edition, Printed by M[iles]. F[lesher]. for Iohn Marriot, 1633. £6,000 to £8,000.
    <b>Forum Auctions, Sep. 25:</b> Brangwyn (Frank). <i>Venice,</i> oil on canvas, [c. 1908]. £4,000 to £6,000.
    <b>Forum Auctions, Sep. 25:</b> Sewell (Anna). <i>Black Beauty: his Grooms and Companions. The Autobiography of a Horse,</i> first edition, original cloth, [1877]. £3,000 to £4,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>25 September 2020</b>
    <b>Forum Auctions, Sep. 25:</b> Gray (John Edward). <i>Gleanings from the Knowsley Menagerie and Aviary at Knowsley Hall,</i> first edition, one of c.100 copies privately printed for the author, 1850. £3,000 to £4,000.
    <b>Forum Auctions, Sep. 25:</b> George III (King). Warrant signed "George R" for the payment of £60,634 granted for the North American Provinces to the Province of Massachusetts Bay, D.s., manuscript, [c. 1761-62]. £2,000 to £2,500.
    <b>Forum Auctions, Sep. 25:</b> Mecca, Medina & Damascus.- 2 manuscript plans of Mecca and El Medinah and a map of Damascus, 3 detailed pen and ink drawings with 3pp. of manuscript notes, [late 19th century]. £1,000 to £1,500.
  • <b>Swann Auction Galleries Sep 24:</b> John Richard, sketchbook kept by soldier-artist during last months of Civil War, 55 drawings, 1865. $25,000 to $35,000.
    <b>Swann Auction Galleries Sep 24:</b> Guest register for Catskill Mountain House, with signatures of many notable guests, 1839-43, 1846-52. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 24:</b> Manuscript confirmation of arms & nobility, Esquivel y Vargas family, Salvatierra, Guanajuato, Mexico, 1731. $5,000 to $7,500.
    <b>Swann Auction Galleries Sep 24:</b> Elizabeth Shoumatoff, 3 watercolor studies for famous “Unfinished Portrait” of FDR, 1945. $40,000 to $60,000.
    <b>Swann Auction Galleries Sep 24:</b><br><i>Sa Ga Yean Qua Rash Tow, Coning Vande Maquas alias Coning Brant,</i> engraving by Pieter Schenck, Netherlands, c.1710s. $3,000 to $4,000.
    <b>Swann Auction Galleries Sep 24:</b> Stamp from the Stamp Act of 1765, embossed, “II Shillings VI Pence.” $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 24:</b><br><i>The Law of God,</i> five volumes, first edition, first Jewish translation of the Pentateuch into English, 1845-46. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 24:</b> Diary of James W. Bentley, a cavalry officer protecting settlers on the Overland Trail, 1865. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 24:</b> Pedro de Arenas, <i>Vocabulario manual de las lenguas castellana y mexicana,</i> complete first edition, Mexico, 1611. $12,000 to $18,000.
  • <center><b>Leland Little Auctions<br>The Important Fall Auction<br>September 19, 2020</b>
    <b>Leland Little, Sep. 19:</b> <i>Bull City Summer Portfolio</i> (Complete Portfolio of 15 Photographs by Alec Soth, Hank Willis Thomas, and Hiroshi Watanabe). $8,000 to $12,000.
    <b>Leland Little, Sep. 19:</b> Krishna Reddy (Indian, 1925-2018), <i>Three Graces.</i> Mixed color intaglio print on paper, 1958, pencil signed. $2,000 to $4,000.
    <b>Leland Little, Sep. 19:</b> after Georges Braque (French, 1882–1963), <i>Hommage à J. S. Bach.</i> Etching and aquatint in colors, 1950, pencil signed and numbered 277/300. $2,000 to $4,000.
    <center><b>Leland Little Auctions<br>The Important Fall Auction<br>September 19, 2020</b>
    <b>Leland Little, Sep. 19:</b> Heller, Joseph. <i>Catch-22,</i> First Edition (New York Simon & Schuster, Inc., 1961). $500 to $1,000.
    <b>Leland Little, Sep. 19:</b> Rey, Margaret & H. A. <i>Curious George Goes to the Hospital,</i> First Edition. (Boston: Houghton Mifflin Company, 1966). $500 to $1,000.
    <b>Leland Little, Sep. 19:</b> Large 1754 Map of St. Croix, Dutch West Indies by Jens Michelsen Beck. Sheet 21.25 x 31.75 in.; DOA 31.25 x 41.25 in. $300 to $600.
  • <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> DARWIN, Charles Robert. <i>On the Origin of Species by Means of Natural Selection.</i> London: W. Clowes and Sons for John Murray, 1859. [With] autograph note signed. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> [FINE PRESS & LIVRE D'ARTISTE]. -- [KELMSCOTT PRESS]. CHAUCER, Geoffrey. <i>The Works ... now newly imprinted.</i> Edited by F.S. Ellis. Hammersmith: Kelmscott Press, 1896. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> LAWRENCE, Thomas Edward. <i>Seven Pillars of Wisdom, a triumph.</i> [London: Privately Printed], 1926. $60,000 to $80,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> SHAKESPEARE, William. <i>Mr. William Shakespear's Comedies, Histories, and Tragedies…</i> London, Printed for H. Herringman, E. Brewster, R. Chiswell, and R. Bentley, 1685. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> AUDUBON, John James. <i>The Birds of America…</i> [1839-] 1840-1844. -- AUDUBON, John James and John BACHMAN. <i>The Quadrupeds of North America.</i> 1849-1854. $60,000 to $80,000.
    <b>Hindman Auctions, Oct. 8:</b> OGILBY, John, trans. [MONTANUS, Arnoldus]. <i>America: being the latest, and most Accurate Description of the New World…</i> London: Printed by the Author, 1671. $30,000 to $40,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> HOBBES, Thomas. <i>Leviathan, or The Matter, Forme, & Power of a Common-Wealth Ecclesiasticall and Civill.</i> London: printed for Andrew Crooke, 1651. $20,000 to $30,000.
    <b>Hindman Auctions, Oct. 8:</b> BLACKWELL, Elizabeth. <i>A Curious Herbal, containing Five Hundred Cuts of the most useful Plant which are now used in the Practice of Physick…</i> London: John Nourse, 1739. $15,000 to $20,000.
    <b>Hindman Auctions, Oct. 8:</b> MILTON, John. <i>Paradise Lost.</i> London: Printed by S. Simmons ... to be sold by T. Helder, 1669. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Selections from the Library of<br>Gerald and Barbara Weiner<br>Live and Online<br>October 8, 2020 / 10am CT</b>
    <b>Hindman Auctions, Oct. 8:</b> MALCOLM X. Typed letter signed ("Malcolm X"), to Alex Haley. Cairo, Egypt, 18 September 1964. " 1 page, 8vo. $6,000 to $8,000.
    <b>Hindman Auctions, Oct. 8:</b> TOLKIEN, John Ronald Reuel. Autograph letter signed (“JRRT”). To George Sayer, Oxford, 7 August 1952. 2 pages, 8vo, creased; morocco folding case. $4,000 to $6,000.
    <b>Hindman Auctions, Oct. 8:</b> WRIGHT, Frank Lloyd. Autograph manuscript signed ("Frank Lloyd Wright"), entitled "To the Countryside." N.p. [Taliesin?], [June 1926]. 2 pages, 4to, creased. $4,000 to $6,000.

Rare Book Monthly

Articles - April - 2014 Issue

Apple Appeals Judgment It Engaged in E-Book Price-Fixing Scheme

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Apple appeals the judgment against it.

As promised, Apple has filed a blistering appeal against a federal court decision that held it had participated in a conspiracy with book publishers to fix the prices of electronic books at artificially high levels. “Apple and the Publisher Defendants agreed to work together to eliminate retail price competition in the e-book market and raise the price of e-books above $9.99,” wrote District Court Judge Denise Cote in her opinion. Just the opposite, responded Apple. “Apple’s entry as an e-book retailer marked the beginning, not the end, of competition.” Who is right? Stay tuned.

 

Here is what we know. In late 2009, Amazon controlled 90% of the e-book market. Part of their strategy for gaining such control was low pricing, sometimes selling books at less than their cost, particularly with the most popular titles. It made it extremely difficult for others to enter the business.

 

While book publishers were able to sell these e-books to Amazon for the prices they wanted, they were still unhappy. Two things bothered them. One was they feared Amazon's unexpectedly low e-book prices would interfere with their ability to sell printed books, a more lucrative market. Secondly, no one likes to have most of their sales go to a single customer. It can give that customer enormous leverage over the supplier in future negotiations. That is a very risky position for any supplier.

 

Evidently, various publishers were aware that their compatriots were similarly distressed by this situation, though we do not know how much direct communication there was between them. After they, and Apple, were sued by the Department of Justice and others for a conspiracy to fix prices, all five publishers agreed to pay large sums in settlement. Whether they settled out of guilt, or, as one publisher claimed, simply because the potential financial risk of a loss in court was so great it would put them out of business, is uncertain.

 

In December of 2009, Apple approached the publishers with a plan to open an online e-book store, to go along with its newly introduced tablet computer, which can also be used as an e-reader. However, Apple concluded this would not be feasible unless two conditions were met. First, it must make a reasonable profit. Apple has no interest in building market share by losing money, as Amazon does. Secondly, it did not want to have anyone else undercutting their prices, making them look bad. If Apple needed a 30% profit, while Amazon sold at cost, naturally Apple's price would be 30% more for the same books, an embarrassing situation. Apple may charge a high price for its merchandise, but that is because it is unique, Apple-branded merchandise. It does not want to sell the same thing as Amazon for a much higher price.

 

Apple explained its requirements to the publishers. What it wanted was for the publishers to adopt “agency” pricing. At the time, the publishers were selling their e-books (primarily to Amazon) at a set wholesale price. Amazon then set the retail price. The bookseller was free to go as low (or high) as it wanted, depending on how much or little it was willing to make on each sale. In agency pricing, however, the publisher sets the retail price. All retailers must sell their books for at least that much. The retail prices they set afforded a 30% commission for the retailers. Of course, this meant that books Amazon was selling at cost or a loss would rise by at least 30%.

 

Exactly what happened next is unclear. What we do know is that a few weeks later, all at once, the five publishers switched over to agency pricing. Amazon had little choice but to accede. Meanwhile, Apple began selling e-books. According to Apple, between themselves and Barnes & Noble (who could also now afford to sell e-books), they control 30%-40% of the market, meaning Amazon's share has dropped substantially from its previous 90%.

 

So the question becomes, what did Apple do in that period between telling the publishers individually what they demanded to sell e-books and the publishers switching to Apple's required agency model? Apple had a legal right to tell publishers it would only sell if prices were set so they could make 30% while no one else could sell for less. That is not illegal price fixing. What is illegal is for them to act in concert with multiple publishers to set prices – that is a legal “conspiracy” to fix prices. Even if the publishers conspired with each other to set prices, which is illegal, that does not necessarily mean Apple conspired with them if Apple acted independently with each. However, if, as the court ruled, in the Department of Justice's words, Apple was a “ringmaster” in this conspiracy, then they have violated the law.

 

The court looked at the evidence and said, in effect, of course Apple was pulling the strings. There is something in the law called a “per se” standard that says there is an antitrust violation where the evidence is obvious. And then, there is another standard where it is not so obvious, but if the evidence establishes participation in a conspiracy, it is also a violation. The court focused on “per se” guilt, but said Apple was guilty under both standards.

 

Apple responded that the evidence does not establish such participation, and that the law requires clear evidence, not just actions that are consistent with a conspiracy. The demands it made on publishers, Apple said, were strictly normal ones to meet its business needs, and did not require a conspiracy. They say they simply told the publishers what they needed in order to sell e-books, and left it to the publishers to decide whether to meet their requirements. If the publishers conspired among themselves, that was not Apple's doing. They neither participated nor encouraged the publishers to act in concert.

 

Apple also challenged whether the result of their requirements was anti-competitive anyway. They cite the fact that Amazon's share has substantially decreased, while new vendors now offer e-books for sale. That is pro-competition, not a hindrance to it, Apple argues. There are now more retailers selling e-books. On prices, Apple also cited statistics that e-book prices, as a whole, have come down. Self-published books, in particular, Apple claims, have seen their prices drop, as the 30% profit Apple demands leaves the self-publishers 70%. Apple says this is twice what Amazon used to give them before Apple began carrying their books, enabling these publishers to lower their retail prices. And one more thing – Apple says they did not demand publishers lower retail prices, only that the minimum price leave them a 30% margin. Publishers could set the prices at $9.99 or even less if they chose, so long as the wholesale price was 30% less. What appears to have happened, if Apple's statistics are right, is that overall e-book prices came down, though the prices for the most popular books, which Amazon used to sell at little or no profit, went up.

 

The Department of Justice has said it will respond to Apple's appeal in May. You can be sure they will give a far less benign account of Apple's actions. Judge Cote's decision paints a series of discussions between Apple and the publishers that implies that firm was knowingly leading them down the road of joint price setting, even while holding separate conversations. It will then be up to the Appeals Court to confirm that ruling, overturn it, or order a new trial. One thing you can count on – Apple will not give up easily or go quietly into the night. This case may one day find itself in the Supreme Court.

Rare Book Monthly

  • <center><b>Forum Auctions<br>A further selection of<br>16th and 17th century English books from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Locke (John). <i>An Essay Concerning Humane Understanding in Four Books,</i> first edition, second issue, 1690. £12,000 to £18,000.
    <b>Forum Auctions, Sep. 24:</b> Plutarch. <i>The lives of the noble Grecians and Romanes, compared together by that graue learned philosopher and historiographer, Plutarke of Chæronea,</i> first edition of this translation, 1579. £8,000 to £12,000.
    <b>Forum Auctions, Sep. 24:</b> [Allott (Robert, editor)]. <i>Wits Theater of the little World,</i> first edition, 1599. £5,000 to £7,000.
    <center><b>Forum Auctions<br>A further selection of 16th and 17th century English books<br>from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Execution of Quakers in Boston.- Stephenson (Marmaduke). <i>A Call from Death to Life,</i> first edition, 1660. £4,000 to £6,000.
    <b>Forum Auctions, Sep. 24:</b> Boyle (Robert). <i>The sceptical chymist: or Chymico-physical doubts & paradoxes…,</i> 2 parts in 1 vol., second edition, 1680. £3,500 to £4,500.
    <b>Forum Auctions, Sep. 24:</b> Atlases.- Morden (Robert). <i>[Geography Rectified: or, A Description of the World],</i> [c.1688]. £3,000 to £4,000.
    <center><b>Forum Auctions<br>A further selection of 16th and 17th century English books<br>from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Bread.- Penkethman (John). <i>Artachthos or a New Booke declaring the Assise or Weight of Bread,</i> 1638. £2,000 to £3,000.
    <b>Forum Auctions, Sep. 24:</b> Anatomy.- Collins (Samuel). <i>A Systeme of Anatomy, treating of the Body of Man, Beasts, Birds, Fish, Insects, and Plants,</i> 2 vol., first edition, 1685. £2,000 to £3,000.
    <b>Forum Auctions, Sep. 24:</b> Wine.- [Ames (Richard)]. <i>The Bacchanalian Sessions; or The Conten' tion of Liquors: With a Farewel to Wine,</i> first edition, 1693. £2,000 to £3,000.
    <center><b>Forum Auctions<br>A further selection of 16th and 17th century English books<br>from the Fox Pointe Manor Library<br>24 September 2020</b>
    <b>Forum Auctions, Sep. 24:</b> Witchcraft.- Bekker (Balthasar). <i>The World Bewitch'd; or, An Examination of the Common Opinions Concerning Spirits,</i> vol. 1 (all published), first English edition, 1695. £2,000 to £3,000.
    <b>Forum Auctions, Sep. 24:</b> Great Plague and Great Fire of London prophesied.- Lilly (William). <i>Monarchy or No Monarchy in England,</i> first edition, 1651. £1,500 to £2,000.
    <b>Forum Auctions, Sep. 24:</b> Swimming.- Thevenot (Melchisédec). <i>The Art of Swimming. Illustrated by Proper Figures. With Advice for Bathing,</i> first edition in English, 1699. £1,500 to £2,000.
  • <center><b>Koller International Auctions<br>Books, Manuscripts & Autographs<br>23 September 2020</b>
    <b>Koller Auctions, Sep. 23:</b> Diderot, [Denis] - D'Alembert, [Jean Le Rond]. <i>Encyclopédie, ou dictionnaire raisonné des sciences, des arts et des métiers...</i> 17 text volumes, 4 supplement volumes, 11 plate volumes. €21,930 to €30,700.
    <b>Koller Auctions, Sep. 23:</b> [Philipon, Ch.]. <i>La Caricature,</i> Journal. No. 1-251 in 4 volumes. With 526 lithographs by H. Daumier, Grandville, A. Devéria, P. Gavarni, M. Delaporte, Adam, Raffet, Huot et al. €7,020 to €10,530.
    <b>Koller Auctions, Sep. 23:</b> Chagall, Marc. <i>Le Cirque</i>, Paris 1967. With 38 (of which 23 coloured and 3 double-page) original lithographs by M. Chagall. €61,400 to €78,950.
    <b>Koller Auctions, Sep. 23:</b> L'Isle, Guillaume de. <i>Atlas nouveau, contenant toutes les parties du monde.</i> [AND:] Sanson, Guillaume. <i>Inleidinge tot de geographie. 3 volumes.</i> €19,300 to €28,070.
    <center><b>Koller International Auctions<br>Books, Manuscripts & Autographs<br>23 September 2020</b>
    <b>Koller Auctions, Sep. 23:</b> Roberts, David. <i>The Holy Land, Syria, Idumea, Arabia, Egypt, & Nubia…</i> Lithographed by Louis Haghe. 6 parts in 6 volumes. 238 original lithographs and 2 engraved maps. €19,300 to €28,070.
    <b>Koller Auctions, Sep. 23:</b> Berlèse, Lorenzo and Johann Jakob Jung. <i>Iconographie du genre camellia ou description et figures des camellia les plus beaux et les plus rares.</i> 3 volumes. With 301 coloured engraved plates. €17,540 to €21,930.
    <b>Koller Auctions, Sep. 23:</b> Merian, Maria Sybilla. <i>Over de voortteeling en wonderbaerlyke veranderingen der Surinaamsche insecten...</i> With engraved frontispiece, title vignette and 72 copperplates. €17,540 to €26,320.
    <b>Koller Auctions, Sep. 23:</b> Burckhardt, Johann Ludwig, Explorer. Collection of 24 handwritten letters from his youth and student days to his eldest (step) brother, Johann Burckhardt-Gemuseus and his wife Anna Elisabeth. €2,630 to €4,390.
  • <b>Il Ponte Casa d’Aste, Sep. 22:</b> CORONELLI, Vincenzo (1650-1718) - <i>Atlante Veneto.</i> Venezia: Domenico Padovani, 1690. €15,000 to €20,000.
    <b>Il Ponte Casa d’Aste, Sep. 22:</b> [CANALETTO] - VISENTINI, Antonio; da Giovanni Antonio CANAL (detto 'Il Canaletto'). - <i>Urbis Venetiarum prospectus celebriores.</i> Venezia, 1754. €12,000 to €18,000.
    <b>Il Ponte Casa d’Aste, Sep. 22:</b> RAMELLI, Agostino - <i>Le diverse et artificiose machine nelle quali si contengono uarij et artificiosi mouimenti…</i> Paris: presso l'autore, 1588. €6,000 to €9,000.
    <b>Il Ponte Casa d’Aste, Sep. 22:</b> <i>Anthologia Graeca Planudea [in grego]</i> - Edita da: Janus Lascaris (1445-1535). Firenze: Lorenzo di Francesco de Alopa, 11 Agosto 1494. €10,000 to €15,000.

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