Re: How Book Publishers Can Beat Amazon

Lots of good questions in the article. The problem is Chris that they 
are as much supposition as the ideas being opposed. For example, law 
suits are generally money sinks; especially where points of law are 
arguable, or where legal teams are known for stretching an action into 
the distance.

I'd also feel naive if I was not aware that influences can be 
disproportionate.

I was taken by this throwaway from Chris Meadows "Could it be they 
recognize Amazon is actually helping independent bookstores 
by weakening Barnes & Noble?"

While independent bookstores in the US may be having a minor expansion - 
after much loss - it is no revival of the sector. While weakening B&N 
simply puts more strength and power in Amazon's hands. In other words 
I'm not sure what Chris was offering with the sentence.

He and you point to literal law interpretation, but there is also the 
question of interpretation of intent. It may be a bit out of fashion 
right now in US courts, and with commentators, but Robinson-Patman seems 
to me to be about maintaining competitive outlets, not just the race to 
the bottom. Taking into account the technolgical differences ofthen and 
now, it should be arguable that there are issues to consider of that 
sort with all the long standing laws.

As my "case law" precendent support for my view, I would refer to the 
change by the US Supreme Court in the Wiley case of the meaning of one 
word that had long held its old interpretation in that court - and that 
change justified a majority decision; the minority was horrified at it.

Joseph

On 03/06/2014 20:23, Robotech_Master [email protected] 
[ebook-community] wrote:
> Also:
>
> http://www.teleread.com/chris-meadows/robinsono-patman-amazon-the-publishers-and-the-aba-wheres-the-lawsuit/
>
>
> On Tue, Jun 3, 2014 at 2:10 PM, Robotech_Master <[email protected] 
> <mailto:[email protected]>> wrote:
>
>     There's just the wee little wrinkle that volume discounts are a
>     legal defense to Robinson-Patman accusations. And if you can
>     demonstrate to me a book retailer who moves more volume than
>     Amazon, I'll eat my hat.
>
>     From
>     http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/price-discrimination-robinson-patman
>
>     Q: I operate two stores that sell compact discs. My business is
>     being ruined by giant discount chains that sell their products for
>     less than my wholesale cost. What can I do?
>
>     A: Discount chains may be able to buy compact discs at a lower
>     wholesale price because it costs the manufacturer less, on a
>     per-unit basis, to deal with large-volume customers. If so, the
>     manufacturer may have a "cost justification" defense to the
>     differential pricing and the policy would not violate the
>     Robinson-Patman Act.
>
>
>     On Tue, Jun 3, 2014 at 1:05 AM, josephHarris joe9438-/[email protected]
>     <mailto:joe9438-/[email protected]> [ebook-community]
>     <[email protected]
>     <mailto:[email protected]>> wrote:
>
>
>
>         Chris,
>
>         You are spot on, of course, with that comment. But there is
>         more to it with Amazon. I've now understood the purpose of the
>         Robinson-Patman Act in the US, which has been ignored. This
>         article discusses it:
>         http://america.aljazeera.com/opinions/2014/6/amazon-books-hachetteantitrustbusiness.html
>         .
>
>         That doesn't alter the distribution point you soundly make.
>         But that is also why no single company should be permitted to
>         concentrate distribution into itself. Another law area ignored
>         with Amazon [and maybe Google] seems to be the anti-trust one.
>
>         Joseph
>
>
>         On 02/06/2014 21:36, 'Chris Smith' [email protected]
>         <mailto:[email protected]> [ebook-community] wrote:
>>
>>
>>         So publishers want to sell something in return for money?
>>         Welcome to
>>         Retailing Business 101.
>>
>>         It's been like this for a very, very, long time - but maybe
>>         just not for
>>         publishers.
>>
>>         http://www.fastcompany.com/47593/wal-mart-you-dont-know
>>
>>         What I saw in your article was publishing companies that seem
>>         to have
>>         skipped over the lesson about diversifying their
>>         distribution, and the
>>         risks of not doing so. Fixing that has always been something
>>         within their
>>         control.
>>
>>         josephHarris joe9438-/[email protected] <mailto:joe9438-/[email protected]>
>>         [ebook-community] wrote:
>>         >
>>         > How Book Publishers Can Beat Amazon
>>         >
>>         > By BOB KOHNMAY 30, 2014
>>         >
>>         >
>>         http://www.nytimes.com/2014/05/31/opinion/how-book-publishers-can-beat-amazon.html
>>         >
>>         > "But there was a problem. When a company has dominant
>>         market power and
>>         > sells goods for below marginal cost, it is engaging in
>>         predatory
>>         > pricing, a violation of federal antitrust laws"
>>         >
>>         > "All was well until the Justice Department, supported by a
>>         white paper
>>         > supplied to it by Amazon, filed an ill-advised lawsuit
>>         against Apple and
>>         > five of the major book publishers for antitrust violations."
>>         >
>>         > In tune with my comments over the past few years on these
>>         topics.
>>         >
>>         > Joseph Harris
>>
>