Here's another example:
I create an art gallery, which is a marketplace. Many groups of people want to sell art, which they own, in my art gallery. I want my gallery to earn a profit because I need income in order to pay for the gallery and to live however I want to live, so I'm not going to sell works of art for a price which only the art-owners set and then take all to themselves.
Group A offers me their works of art, and I'll receive no portion of their sale (i.e. I receive no commission from the sale).
Group B offers me a 30% commission. I agree to sell group B's art in my art gallery, and I reject Group A's offer.
According to the logic of the claims made in the article, I should be tried for breaking antitrust law because I "fixed" prices. Any art gallery which splits the revenue of a sale with the art-owners should be tried for breaking antitrust law. Is that just? No. Is this law moral? No. So much for the case against Apple.
If you disagree, then please be logically consistent and explain why all art galleries should sell the works of art of all owners at the same price.
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Now, suppose Group B set prices at my art gallery lower than the prices of art gallery B, which agreed to these prices--at an earlier time.
("Amazon cheered the lawsuits and the settlements. The suit portrayed Amazon, which makes the Kindle e-reader, as a victim of the price-fixing because they could not charge lower prices and ostensibly lost e-book sales to Apple.")
Sorry, Amazon, but that is the nature of competition, and you have to responsible for your own poor decisions. Amazon signed that contract. They agreed to the prices set by the owners of those eBooks (note: these owners are not all owners, so this isn't even a cartel nor is competition being eliminated). If Amazon disagrees with the contract, then they should try to negotiate with the other party of the contract. If they can't, then that's Amazon's mistake for signing into a contract, and after the contract expires, maybe Amazon will be the wiser.
The right thing for Amazon would be to convince the publishers that if they lowered the prices, the publishers could gain more income. If not, then it makes no sense for the publishers to lower their prices in the already agreed to price within Amazon's Kindle market.
Think of this from the publishers' perspective. The prices vary because their expected profits from the Apple and Amazon marketplaces vary. The iPad and Kindle are
different markets with
different customers. It's not the same, and it's insane to force them to set the same prices because the risks vary, the anticipated demand varies, so the expected profits vary. The determined price depends on anticipated factors which are different for both marketplaces.
Setting the same price for both markets could be disastrous for the publishers because such a price control (which it is, as mandated by the Justice Department) can create inefficiencies and losses for both the consumers and producers of both of these markets. The providers of these marketplaces and the sellers of goods in these market places have more relevant knowledge on the "right" price for each market place. The "right" price goes through a trial-and-error process--depending on the actual decisions made by the consumers of the iPad or Kindle. Let current and future consumers decide, as they respond to relative price changes. (if you disagree, then so much for consumers' sovereignty).
Where is the crime here? I mow lawns for a living, and there are many market places for me to sell my services in; however, I am making a decision regarding only two particular marketplaces for me to sell my services in. The market providers of A agree to me charging $20 there, and the market providers of B agree to me charging $30 in their market. I agree to both, thereby setting different prices in different markets. Should I be tried for breaking antitrust law? ( I = a few publishers in this situation). If yes, then anyone who sells the same good at different prices in different markets should also be tried for breaking antitrust laws, but that doesn't happen because it would be unreasonable, and it's unreasonable as this case is.
All producers of coffee beans must sell their beans at the same price for all markets. Does anyone see the problem in this? If "yes," then please reread the above three paragraphs.
There are other providers of lawncare services. There are other markets for consumers of either the Kindle or iPad to purchase eBooks--within each of those marketplaces. There's still competition on different margins.
(Also, there's the issue of intellectual property rights, which to me, for these publishers of books, should be significantly lower than the 50+ year claim that they enjoy, but that's another post for another time).
tl;drThe Justice Department has no idea on how to determine the "right" price, nor does it have an incentive to understand which price is most efficient (thus better for the consumer) for each market. Yet somehow, in this strange world, some people feel that the Justice Department, or in this case the government, can set prices more efficiently. If not more efficiently, then what? More fair? What's the criterion for that? All prices of good A should be the same, regardless of the marketplace and its various levels of demand and supply? That's insane. That leads to inefficiencies which create unnecessary costs that would be born by both producers and consumers. How is that fair? It isn't. It's unjust.
Somehow, these people believe that "justice" is being served in order to benefit the consumer. These people are mistaken. They have no idea why prices are set--and neither does the Justice Department, which is the organization that is praised as "protecting" consumers.
This is irresponsible. No justice is being meted; it's just a theater for "justice." This is merely the means through which crony capitalists can use the Justice Department (or antitrust regulation) in order to beat down their competitors. If there is no crony capitalism involved, then this is still another means where voters perceive that their legislators are "doing something," which instills
faith in the voters for believing in the rhetoric of politicians. But these voters don't understand how prices are set, nor do they understand the consequences of price-fixing by the government itself. Their ignorance is exploited to the advantage of many politicians and crony capitalists. It's an old story with a new face. Enjoy your Thursday morning!
