By David Ingram
WASHINGTON, Feb 8 (Reuters) - Publishing house Macmillan on
Friday became the fifth and final U.S. book publisher to sign a
settlement with the government in a sweeping antitrust case that
accused them of conspiring to raise e-book prices.
Macmillan and the Justice Department filed the proposed
settlement, which requires a judge's approval, in U.S. District
Court in Manhattan.
A small firm that is also known as Holtzbrinck Publishers
LLC, Macmillan was the lone holdout among five publishers that
the government sued in April 2012. Three publishers settled
immediately and the fourth, Pearson Plc's Penguin
Group, settled in December.
The Justice Department will continue to litigate conspiracy
allegations against Apple Inc, the department said in a
statement. It accuses Apple of conspiring with the publishers to
raise prices and fight the dominance of Amazon.com Inc.
Apple rejects the allegations, saying it did not collude but
signed agreements with publishers individually. Apple has also
said in court papers that the government's suit "sides with
monopoly, rather than competition," by shoring up Amazon's early
advantage in electronic books.
A civil trial for Apple is scheduled to begin in June.
Bookseller Barnes & Noble Inc has sided with Apple,
telling the federal court that it, too, is concerned about a
monopoly by Amazon.
Macmillan Chief Executive John Sargent was a defiant critic
of the suit, saying when it was filed that his company did not
collude and that settlement terms required by the Justice
Department "would have a very negative and long term impact on
those who sell books for a living."
Sargent did not immediately return a message left at his
office on Friday. Macmillan is a unit of Verlagsgruppe Georg von
Holtzbrinck GmbH, based in Germany.
Under the proposed settlement agreement, Macmillan must lift
restrictions on discounting by e-book retailers and must report
to the Justice Department its communication with other
publishers.
Justice Department lawyers "expect the prices of Macmillan's
e-books will also decline," as happened after settlements with
the other publishers, Jamillia Ferris, chief of staff of the
department's Antitrust Division, said in the news release.
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