• <b>Swann Auction Galleries Dec 17:</b> Currier & Ives, <i>The Mississippi in Time of Peace,</i> hand-colored lithograph, 1865. $6,000 to $9,000.
    <b>Swann Auction Galleries Dec 17:</b> Hartmann Schedel, <i>Liber Cronicarum...,</i> Nuremberg, 1493. $40,000 to $60,000.
    <b>Swann Auction Galleries Dec 17:</b> Claudius Ptolemaeus, <i>Geographicae Enarrationis Libri Octo,</i> Lyons, 1535. $20,000 to $25,000.
    <b>Swann Auction Galleries Dec 17:</b> Thomas Jefferys, <i>The American Atlas,</i> London, 1776-77. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 17:</b> John Speed, <i>A Prospect of the Most Famous Parts of the World,</i> 20 miniature maps, London, 1665. $2,000 to $3,000.
    <b>Swann Auction Galleries Dec 17:</b> <i>Biblia Das ist: Die Gantze Heilige Schrifft Durch D. Martin Luther Verteutscht,</i> illustrated cartographic Bible, Basel, 1665. $1,500 to $2,500.
    <b>Swann Auction Galleries Dec 17:</b> Early Hawaiian-language school geography, Lahainaluna Seminary, 1840. $2,500 to $3,500.
    <b>Swann Auction Galleries Dec 17:</b> Cornelis de Jode, <i>Africae Vera Forma, et Situs,</i> Antwerp, 1593. $4,000 to $6,000.
    <b>Swann Auction Galleries Dec 17:</b> Maria Vincenzo Coronelli, <i>America Settentrionale Colle Nuove Scoperte Sin All Anno,</i> Venice, 1688. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 17:</b> Johann Christoph Volkamer, <i>Nürnbergische Hesperides,</i> Nuremberg, 1708-1714. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 17:</b> Johann Bayer, <i>Uranometria, Omnium Asterismorum Continens Schemata...,</i> 51 celestial charts, c. 1603. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 17:</b> Manuscript map of Commodore Perry’s Black Ship squadron at Edo Bay, with manuscript sketchbook, ink & watercolor, Japan, c. 1853. $2,500 to $3,500.
  • <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> London, 1673. FIRST SEPARATE AND FIRST QUARTO EDITION. THE CHARLTON HESTON COPY. $80,000 to $120,000.
    <b>Bonhams, Dec. 5:</b> HEMINGWAY, ERNEST. <i>In Our Time.</i> Paris, 1924. FIRST EDITION, PRESENTATION COPY. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> HAWTHORNE, NATHANIEL. <i>Fanshawe, A Tale.</i> Boston, 1828. FIRST EDITION OF AUTHOR'S FIRST BOOK. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> THOREAU, HENRY DAVID. <i>Walden; Or, Life in the Woods.</i> Boston, 1854. FINE COPY OF THE FIRST EDITION. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories, and Tragedies.</i> London, 1685. THE FOURTH FOLIO, Brewster/Bentley issue. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> STEIG, WILLIAM. Original maquette and 58 finished drawings for <i>The Agony in the Kindergarten,</i> one of Steig's most important books. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> VERNE, JULES. <i>A Journey to the Centre of the Earth.</i> New York & London, 1872. FIRST EDITION, RARE AMERICAN ISSUE, with Scribner & Welford cancel title. $5,000 to $8,000.
    <b>Bonhams, Dec. 5:</b> KING, STEPHEN. <i>Carrie.</i> New York, 1974. INSCRIBED FIRST EDITION, OF AUTHOR'S FIRST BOOK. $1,200 to $1,800.
    <b>Bonhams, Dec. 4:</b> APPLE MACINTOSH PROTOTYPE. 1983. The earliest known Macintosh with "Twiggy" drive, one of only two known working machines. $120,000 to $180,000.
    <b>Bonhams, Dec. 4:</b> PLATO. <i>Timaeus</i> [AND] <i>Critias</i> [from Ficini's 1484 Opera]. A LANDMARK OF SCIENTIFIC THOUGHT. $80,000 to $120,000.
    <b>Bonhams, Dec. 4:</b> LOVELACE, AUGUSTA ADA. Sketch of the Analytical Engine Invented by Charles Babbage Esq. London, 1843. FIRST EDITION, JOURNAL ISSUE, MOST IMPORTANT PAPER IN EARLY DIGITAL COMPUTING. $15,000 to $20,000.
    <b>Bonhams, Dec. 4:</b> APPLE-1 COMPUTER. Signed by Steve Wozniak, used in development of Apple II. $200,000 to $300,000.
    <b>Bonhams, Dec. 4:</b> DARWIN, CHARLES. 1809-1882. <i>On the Origin of Species By Means of Natural Selection.</i> London, 1859. FIRST EDITION. $80,000 to $120,000.
  • <b>Chiswick Auctions<br>Seeking Consignments.</b> Churchill (Winston) & Others. 1944 Commonwealth Prime Ministers’ Conference, 27 April 1944. £8,000 to £12,000.
    <b>Chiswick Auctions<br>Seeking Consignments.</b> Joyce (James). <i>Ulysses.</i> First English edition, 1922. £800 to £1,200.
    <b>Chiswick Auctions<br>Seeking Consignments.</b> Belzoni (Giovanni Battista). <i>Plates Illustrated of the Researches and Operations...in Egypt and Nubia,</i> FIRST EDITION, 1821-1822. £14,375 inc Buyers Premium.
    <b>Chiswick Auctions<br>Seeking Consignments.</b> Astor (John Jacob). A collection of rare letters, 9 January 1812- 4 September 1837. £26,000 inc Buyers Premium.
    <b>Chiswick Auctions<br>Seeking Consignments.</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> FIRST EDITION, first issue, 1997. £27,500 inc Buyers Premium.
    <b>Chiswick Auctions<br>Seeking Consignments.</b> Royal Family. Photograph of Queen Elizabeth, George VI, Princess Elizabeth and Princess Margaret, signed, 1946. £3,640 inc Buyers Premium.
    <b>Chiswick Auctions<br>Seeking Consignments.</b> Collodi (Carlo). <i>Le avventure di Pinocchio. Storia di un burattino,</i> FIRST EDITION, 1883. £8,401 inc Buyers Premium.
  • <b>Sotheby’s, Dec. 18:</b> CLEMENS, SAMUEL L. <i>The Adventures of Tom Sawyer by Mark Twain.</i> Hartford: The American Publishing Company, 1876. $14,000 to $18,000.
    <b>Sotheby’s, Dec. 18:</b> BATEMAN, JAMES. <i>The Orchidaceae of Mexico and Guatemala.</i> London: J. Ridgway & Sons for the author, [1837]-1843. $60,000 to $80,000.
    <b>Sotheby’s, Dec. 18:</b> WHITMAN, WALT. <i>Leaves of Grass.</i> Brooklyn: [For the author by Andrew and James Rome,] 1855. $150,000 to $200,000.
    <b>Sotheby’s, Dec. 18:</b> LEE, HARPER. Three “Seckatary Hawkins”-related books inscribed and signed by Harper Lee. $60,000 to $80,000.
    <b>Sotheby’s, Dec. 18:</b> POE, EDGAR ALLAN. <i>The Raven.</i> New York: Wiley and Putnam, 1845. $120,000 to $180,000.

Rare Book Monthly

Articles - January - 2016 Issue

Apple is Going to the Supreme Court to Argue They Did Not Fix E-Book Prices

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All the way to the Supreme Court.

In a strange continuation of the long-running Department of Justice antitrust claim against Apple and five book publishers for e-book price fixing, Apple has filed an appeal all the way to the Supreme Court. The publishers long ago settled their cases. Actually, Apple did too. It had agreed upon a substantial payment to purchasers of e-books if the Appeals Court decision went against them. It did. Apple appealed to the Supreme Court anyway. It will not reduce their obligations to e-book buyers if they win. That part is over. They are only fighting for the principle now. Only a company like Apple, with its hundreds of billions of dollars in the bank, can take on the expenses of a Supreme Court case just for the principle.

 

The Department of Justice sued Apple and book publishers Hachette, HarperCollins, MacMillan, Penguin, and Simon & Schuster 3 ½ years ago for a conspiracy to fix prices. Briefly, Apple wanted to begin selling e-books to be used with its new iPad tablets, but did not want to compete on price against Amazon. Amazon was willing to sell books for little if any profit to obtain market share. The strategy was very successful. They dominated the e-book market.

 

Apple, however, wanted to make a profit. So, it informed the publishers that they would only sell their e-books if the publishers set retail prices at a level higher than those for which Amazon was selling. The exact nature of those discussions is in dispute, but the lower court determined that Apple was the "ringleader" in the process that resulted in more vendors selling e-books to the public, but at higher prices. The lower court determined this was an antitrust violation, and the Appeals Court more recently affirmed that opinion.

 

After the lower court ruled against Apple, but before the Appeals Court affirmed that ruling, Apple made a deal with representatives of the e-book buyers. Apple agreed to pay them $450 million if the Appeals Court ruled against them. If the Appeals Court ruled in their favor, Apple would pay nothing. Apple lost in the Appeals Court so they owe $450 million. That won't be undone, regardless of how the Supreme Court rules. It is now a battle over principle, or reputation from Apple's standpoint. My guess is no one else cares. Those who believe Apple is a soulless, dominating behemoth will not feel any different if Apple wins in the Supreme Court. Those who think the same of Amazon will likely continue to approve of Apple's behavior if the Appeals Court decision is upheld. A change in the court judgment now may have an impact on the thinking of legal scholars, but probably no one else.

 

Apple's appeal is based on distinctions between horizontal and vertical relationships, per se rules and a "rule of reason." Here is a brief guidebook. Horizontal relationships are between equals, competitors. Each of the five publishers was in a horizontal relationship with the other four competitors. Vertical relationship are between entities on different levels. Apple was a customer, the publishers vendors. That's a vertical relationship.

 

A per se ruling is where the basic activity is such that guilt is presumed. If horizontal entities, such as the publishers, get together, and at the end, they all agree to raise prices, a court will find per se they conspired to fix prices. They won't acquit on the basis they don't have testimony of what exactly transpired in that backroom. They know darn well.

 

However, a previous Supreme Court ruling said that, at least in some cases, a "rule of reason" needs to be applied for discussions between vertical players. It's not so obvious that a price-fixing conspiracy is taking place when non-competitors' discussions, such as those between Apple and the publishers, take place. This is true even if the various horizontal parties (the publishers) together raise prices. There may be a per se conclusion of a price-fixing conspiracy among the publishers, but not one between Apple and the publishers.

 

Two things happened as a result of whatever occurred here. One can be viewed as anti-competitive, the other as pro-competition. All of the publishers raised their prices to the same level. That sounds anti-competitive. On the other hand, more companies began selling e-books. Amazon's market share dropped from roughly 90% to 60%. That sounds pro-competitive. I think Apple may have a shot at this one, even though they are 0-2 so far. The Supreme Court sometimes sees things differently than lower courts that are dealing more with the personal side, witnesses and all, than simply legal arguments. Apple may yet win the case, but the e-book buyers, beneficiaries of the earlier agreed upon settlement, have already won their money.

Rare Book Monthly

  • <b>Sotheby’s, Dec. 17:</b> [EINSTEIN, ALBERT]; JOHN GRAUDENZ [PHOTOGRAPHER]. Photographic portrait of Albert Einstein by John Graudenz, taken circa 1928. $15,000 to $25,000.
    <b>Sotheby’s, Dec. 17:</b> ENIGMA M4. A fully operational four-rotor ("M4") Kriegsmarine Enigma Cipher Machine. Berlin-Wilmersdorf, Germany, Heimsoeth und Rinke, 1942. $300,000 to $500,000.
    <b>Sotheby’s, Dec. 17:</b> FEYNMAN, RICHARD P. <i>“Surely You’re Joking Mr. Feynman”. Adventures of a Curious Character.</i> New York: W.W. Norton & Company, 1985. $15,000 to $20,000.
    <b>Sotheby’s, Dec. 17:</b> An intact egg of the Aepyornis Maximus, or Elephant Bird. Pre-17th century, Madagascar. $35,000 to $45,000.
    <b>Sotheby’s, Dec. 17:</b> Palm frond with fish. Green River Formation, Wyoming, United States. <i>Sabalites sp.,</i> and <i>Diplomystus dentatus</i> Cenozoic, Eocene (53-33 million years ago). $60,000 to $70,000.
  • <b>Sotheby’s, Dec. 18:</b> <i>The Birds of America; from Original Drawings by John James Audubon</i> $6,000,000 to $8,000,000.
    <b>Sotheby’s, Dec. 18:</b> <i>The Birds of America; from Original Drawings by John James Audubon</i> $6,000,000 to $8,000,000.
    <b>Sotheby’s, Dec. 18:</b> <i>The Birds of America; from Original Drawings by John James Audubon</i> $6,000,000 to $8,000,000.
    <b>Sotheby’s, Dec. 18:</b> <i>The Birds of America; from Original Drawings by John James Audubon</i> $6,000,000 to $8,000,000.
    <b>Sotheby’s, Dec. 18:</b> <i>The Birds of America; from Original Drawings by John James Audubon</i> $6,000,000 to $8,000,000.

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