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ARTICLE · 30 JULY 2014

How Would Hachette Frame An Antitrust Suit Against Amazon?

Amazon and the publisher Hachette are engaged in a fierce dispute over the pricing of e-books sold by Amazon.

United StatesAntitrust/Competition Law

Amazon and the publisher Hachette are engaged in a fierce dispute over the pricing of e-books sold by Amazon.  At issue is how the profits from the sale of e-books should be divided between Amazon and the publisher and who should bear the impact of Amazon's discounting of e-books.  Hachette is the fourth largest publisher in the U.S., and its imprints include Little Brown.  Its publications are weighted towards works of fiction, which generally sell more in e-book form than in print.  In order to apply pressure on Hachette, Amazon has taken steps that affect the availability of Hachette print books: delaying shipments of Hachette print books, not stocking as many Hachette print books, and not making Hachette print books available for pre-order.  Amazon has also proposed giving all e-book revenues to Hachette's authors as Amazon and Hachette negotiate.  Many have described Amazon's tactics as "bullying."  This is the latest round in longstanding disputes between the Big

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