April 24, 2024

U.S. Cites Phone Calls in Apple Pricing Case

At least three publishers confided with one another about their plans, Lawrence Buterman, a Justice Department lawyer, said on the opening day of the government’s antitrust case against Apple, being argued in United States District Court for the Southern District of New York in Manhattan. Government lawyers presented a timeline that included not only the records of the phone calls but also e-mail transcripts. The government also showed an e-mail with the travel itinerary for Apple’s lawyer, which shows him meeting with publishers in December 2009, and his notes from those meetings.

E-mails from Eddy Cue, Apple’s senior vice president of Internet software and services, were part of the publishers’ discussions, suggesting that he assured each of them that they were part of a collective effort to destroy Amazon’s model of selling e-books for a uniform $9.99, the government said.

All this adds up to proof that Apple led an elaborate scheme to fix prices of e-books, they said. “The publishers needed a facilitator and a go-between,” Mr. Buterman said, “a company large enough to give the publishers the confidence that their conspiracy would prove successful. And that company was Apple.”

In the case, brought a year ago, the Justice Department accused Apple and five book publishers of working together in the six weeks before Apple’s deadline of Jan. 21, 2010, to raise the average price of an e-book. The government casts Apple as the “ringmaster” in the conspiracy, arguing that it presented the publishers with the opportunity to sell books at higher prices — from $12.99 to $14.99 — putting pressure on Amazon, which had been selling new e-books for $9.99, to raise its prices.

Simon Schuster, HarperCollins and the Hachette Book Group settled the day that charges were filed; Penguin and Macmillan settled months later.

Apple insists it has done nothing wrong. Its lawyer, Orin Snyder, a partner at Gibson, Dunn Crutcher, said Monday that the government had no direct evidence that a conspiracy took place. He said that government lawyers had taken quotes out of context and completely ignored the details of Apple’s negotiations with the publishers to create a “chain of inferences” that is “tortured and multifaceted.”

In its opening statement, the government brought up comments that Steven P. Jobs made to a reporter after he introduced the iPad and the iBookstore in January 2010. When asked why consumers would purchase an e-book from Apple’s store instead of Amazon.com, where e-books were $9.99, Mr. Jobs replied, “The prices will be the same.”

Mr. Buterman noted an e-mail exchange between Simon Schuster executives talking about Mr. Jobs’s comment. “I can’t believe that Jobs made the statement below. Incredibly stupid,” wrote Elisa Rivlin, Simon Schuster’s general counsel at the time. Mr. Buterman said this remark showed that Simon Schuster felt Apple had given away that they had all been working to fix e-book prices.

But Mr. Snyder, in arguing for Apple, said the e-mail conversations show that the company had to negotiate aggressively to persuade publishers to adopt a different business model known as agency pricing, which allowed the publishers to set their own prices for e-books, giving Apple a 30 percent commission for books sold in its online store.

Mr. Snyder brought up an e-mail exchange between Mr. Jobs and James Murdoch, an executive of News Corporation, the owner of Harper Collins, which the Justice Department was presenting as evidence. Mr. Jobs had written, “Throw in with Apple and see if we can all make a go of this to create a real mainstream e-books market at $12.99 and $14.99.” But other parts of that e-mail showed that Mr. Jobs was unsure of whether the $12.99 price would succeed.

Article source: http://www.nytimes.com/2013/06/04/technology/us-cites-book-publishers-phone-calls-in-apple-price-fixing-case.html?partner=rss&emc=rss

Today’s Economist: Nancy Folbre: Capitalism and the Kids

Nancy Folbre, economist at the University of Massachusetts, Amherst.

Nancy Folbre is an economics professor at the University of Massachusetts, Amherst. She recently edited and contributed to “For Love and Money: Care Provision in the United States.

Now that the birthrate in the United States has fallen below replacement level (by at least one measure), more journalists are reporting on the costs of children. The New York Times columnist Ross Douthat laments the “cultural decadence” of such economic considerations even as he acknowledges their relevance.

Today’s Economist

Perspectives from expert contributors.

Cultural change – what Mr. Douthat refers to as modernity and others refer to as post-familialism – is surely a part of the story. But the growth of capitalism itself – the expansion of wage employment at the expense of family-based enterprise – accounts for most of the pressures driving a process of fertility decline that has been under way for more than 200 years.

Public policies intended to buffer the impact of capitalist labor markets on family life are a central feature of our social history.

Capitalism is not the villain of some simple morality tale. It did not intrude into an idyllic world of reciprocity and commitment. The traditional family-based economy was based on distinctly patriarchal principles. Male heads of household wielded legal and economic power over their wives and children. More children meant more labor for the family enterprise.

The growth of wage employment gradually disrupted that patriarchal regime, giving women and youth more opportunities outside the home and more bargaining power within it. The growing demand for skilled labor helped induce a shift toward smaller families, with better-educated, more costly offspring. This shift began long before modern contraceptive technologies could be had.

Women mobilized a collective effort to demand the same rights that men enjoyed and gradually began to prevail against those who claimed that feminism would destroy family life. Both women’s empowerment and fertility decline accelerated the process of capitalist development that had set them into motion.

But the very structure of a new system based on competitive labor markets imposed penalties on parents, who lost the ability to capture many of the potential economic benefits of their child-rearing efforts. Prolonged school attendance raised the age at which young people began to work and the search for jobs often took them away from home.

As more single men and women flooded into the labor market, willing to work for lower wages than those with children to support, working-class advocates began to insist on the need for a “family wage” sufficient to care for dependents. Early campaigns for minimum-wage legislation warned that, without it, working-class families would not be able to successfully raise the next generation.

The movement to provide old-age pensions (first on the state, then on the federal level) emphasized the benefits of taxing the younger generation as a whole to support the elderly rather than expecting parents to recoup expenses from their own children.

The expansion of public health and education services represented a form of social investment in which taxpayer investments in children would be repaid by the future revenues that a more productive labor force would generate.

Policies offering many parents tax deductions and credits, the protections of a social safety net and the right to unpaid leaves from employment all represent explicit efforts to revalorize family commitments.

In short, many programs of the so-called welfare state, often derogated by conservatives as undermining family life, have rather proved a substantial – if not always successful – source of support for child-rearing.

Unfortunately, we have socialized the benefits of child-rearing more thoroughly than we have socialized the costs, taxing the working-age population to provide benefits to the elderly through Social Security and Medicare but providing uneven and somewhat unpredictable public support to parents. Single mothers in particular remain far more susceptible to poverty in the United States than in similarly affluent countries.

As a result, public policies have had the effect of slowing but not halting fertility decline in the United States. The resulting aging of our population is contributing to both fiscal and political stress.

A more serious problem is our failure to adequately improve adequately improve our children’s capabilities, cramping their hopes for upward mobility. In a report echoing the family-wage advocates of the early 1900s, Lisa Dodson and Randy Albelda document the negative impact of parents’ low-wage employment on child outcomes.

Today, in an era of serious economic stress, in which the best promises of capitalism have been broken, low-income mothers and children are threatened with major cuts to public assistance. Yet conservatives staunchly defend the unprecedented riches of the top 1 percent, resisting even small increases in marginal tax rates.

Yes, Mr. Douthat, cultural decadence is definitely in evidence.

Article source: http://economix.blogs.nytimes.com/2012/12/10/capitalism-and-the-kids/?partner=rss&emc=rss