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Nicole Magistro, co-owner of The Bookworm of Edwards, urges the Department of Justice to reconsider the proposed settlement regarding ebook pricing between the DOJ and three book publishers. She argues that the agency model has positively impacted independent bookstores by fostering competition and providing better prices for consumers, while warning that its removal could lead to Amazon monopolizing the ebook market again. Magistro emphasizes the importance of maintaining the agency model for the health of the bookselling and publishing industries.

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0% found this document useful (0 votes)
12 views2 pages

Atc 0806

Nicole Magistro, co-owner of The Bookworm of Edwards, urges the Department of Justice to reconsider the proposed settlement regarding ebook pricing between the DOJ and three book publishers. She argues that the agency model has positively impacted independent bookstores by fostering competition and providing better prices for consumers, while warning that its removal could lead to Amazon monopolizing the ebook market again. Magistro emphasizes the importance of maintaining the agency model for the health of the bookselling and publishing industries.

Uploaded by

nine trey
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We take content rights seriously. If you suspect this is your content, claim it here.
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295 Main Street C101

Edwards, CO 81632

(970) 926-7323 phone

(970) 926-7324 fax

[email protected]

www.bookwormofedwards.com

John Read
Chief Litigation Ill Section, Antitrust Division
U.S. Department of Justice RECEIVED%1itW
450 5th Street, NW, Suite 4000
Washington, DC 20530 MAY 1 7 REC'D UJIZ.
LITIGATION Ill, ANTITRUST DIV.
May 5, 2012 U.S. DEPT OF JUSTICE

Dear Mr. Read,

Please consider this response before approving the proposed settlement between the Department of
Justice and three book publishers regarding ebook pricing. I have interest in this judgment as the owner
of an independent bookstore located in Edwards, Colorado.

The American Bookseller's Association and its members believe strongly that the agency model has been
good for our channel, good for all bricks-and-mortar bookstores, good for publishing, and, most
importantly, good for readers and book buyers. Since its introduction, the agency model has corrected a
distortion in the market fostered by below-cost pricing, predominantly led by Amazon.com, the ultimate
result of which is, we believe, to reduce or to eliminate competition among both retailers and
publishers.

Since the introduction of the agency model many more independent booksellers are selling e-books, and
those sales have shown steady growth. The agency model has lowered prices to indie bookstore
customers, which has led to significantly increased price competition among publishers. Promotions,
discounts, and special offers have allowed bricks-and-mortar bookstores to offer customers a wider
array of titles at a greater value.

In short, since the introduction of the agency model, the e-book market for consumers has become far
more competitive- not less sol

Deeply discounted books were among the key components in the fuel stoking Amazon's engines of
growth. It's frankly somewhat stunning that DOJ would accept the possible upending of an industry as
important to the cultural and intellectual life of our nation as bookselling and publishing so that one
retailer could pursue a policy that attempts to monopolize the entire e-book market.
Before the introduction of the agency model, Amazon had a 90 percent market share in e-books, when
they were selling below cost, a price far lower than indie booksellers could purchase e-books from
publishers. Today Barnes & Noble, Google, Apple, Kobo, along with indies and others have joined the
market, which has become far more competitive and diverse.

If the agency model goes away for a significant period of time, there is every reason to believe that
Amazon will again price below cost and increase its e-book market share. We believe this can only be
bad news for the reading public, resulting in a cultural landscape offering a far less diverse range of titles
being published and a much-diminished range of publishers.

I agree with our national association that the preservation of the agency model is essential for our
industry. As an independent business that will be directly affected by the proposed consent agreement, I
urge you to consider just how misguided the terms of the settlement are. Please allow the agency model
to be maintained by these, and all publishers, who choose to offer it to their customers.

Sincerely,

Nicole Magistro, co-owner


The Bookworm of Edwards

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