Hearings of the Judicial Conference Advisory Committee on Rules of Evidence, 77094 [2012-31449]
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Notices
By order of the Commission.
Issued: December 21, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–31331 Filed 12–28–12; 8:45 am]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE
Hearings of the Judicial Conference
Advisory Committee on Rules of
Evidence
Federal Register Citation of Previous
Announcement: 77 FR 49828 (August
17, 2012).
AGENCY: Advisory Committee on Rules
of Evidence, Judicial Conference of the
United States.
ACTION: Notice of Cancellation of Open
Hearing.
The following public hearing
on proposed amendments to the Federal
Rules of Evidence has been canceled:
Evidence Rules Hearing, January 22,
2013, Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Benjamin J. Robinson, Deputy Rules
Officer and Counsel, Administrative
Office of the United States Courts,
Washington, DC 20544, telephone (202)
502–1820.
SUMMARY:
Dated: December 24, 2012.
Benjamin J. Robinson,
Rules Committee Deputy and Counsel.
[FR Doc. 2012–31449 Filed 12–28–12; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
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United States v. Apple, Inc., Hachette
Book Group, Inc., HarperCollins
Publishers L.L.C., Verlagsgruppe
Georg Von Holtzbrinck Gmbh,
Holtzbrinck Publishers, LLC D/B/A
Macmillan, The Penguin Group, A
Division of Pearson PLC, Penguin
Group (USA), Inc., and Simon &
Schuster, Inc.; Proposed Final
Judgment and Competitive Impact
Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Stipulation and
Competitive Impact Statement have
been filed with the United States
District Court for the Southern District
of New York in United States of
America v. Apple, Inc. et al., Civil
Action No. 12–CV–2826 (DLC). On
April 11, 2012, the United States filed
a Complaint alleging that the defendants
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agreed to raise the retail price of ebooks, in violation of Section 1 of the
Sherman Act, 15 U.S.C. 1. On
September 6, 2012, a Final Judgment as
to defendants Hachette Book Group,
Inc., HarperCollins Publishers L.L.C.,
and Simon & Schuster, Inc. was entered
by the United States District Court for
the Southern District of New York. On
December 18, 2012, the United States
filed a proposed Final Judgment as to
defendants The Penguin Group, a
division of Pearson plc, and Penguin
Group (USA), Inc.—to return pricing
discretion to e-book retailers and
comply with other obligations designed
to end the anticompetitive effects of the
conspiracy.
Copies of the Complaint, proposed
Final Judgment, and Competitive Impact
Statement are available for inspection at
the Department of Justice, Antitrust
Division, Antitrust Documents Group,
450 Fifth Street NW., DC 20530 Suite
1010 (telephone: 202–514–2481), on the
Department of Justice’s Web site at
https://www.justice.gov/atr, and at the
Office of the Clerk of the United States
District Court for the Southern District
of New York. Copies of these materials
may be obtained from the Antitrust
Division upon request and payment of
the copying fee set by Department of
Justice regulations.
Public comment is invited within 60
days of the date of this notice. Such
comments will be filed with the Court
and will either be published in the
Federal Register or, with the permission
of the Court, will be posted
electronically on the Department of
Justice’s Web site. Comments should be
directed to John R. Read, Chief,
Litigation III Section, Antitrust Division,
Department of Justice, Washington, DC
20530 (telephone: 202–307–0468).
Patricia A. Brink,
Director of Civil Enforcement.
United States District Court for the
Southern District of New York
United States of America, Plaintiff, v.
Apple, Inc., Hachette Book Group, Inc.,
Harpercollins Publishers L.L.C.,
Verlagsgruppe Georg Von Holtzbrinck
Gmbh, Holtzbrinck Publishers, Llc d/b/
a Macmillan, The Penguin Group, A
Division Of Pearson Plc, Penguin Group
(Usa), Inc., And Simon & Schuster, Inc.,
Defendants.
Civil Action No. 1:12-cv-02826.
Judge: Cote, Denise.
Date Filed: 04/11/2012.
Description: Antitrust.
Complaint
The United States of America, acting
under the direction of the Attorney
PO 00000
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General of the United States, brings this
civil antitrust action against Defendants
Apple, Inc. (‘‘Apple’’); Hachette Book
Group, Inc. (‘‘Hachette’’); HarperCollins
Publishers L.L.C. (‘‘HarperCollins’’);
Verlagsgruppe Georg von Holtzbrinck
GmbH and Holtzbrinck Publishers, LLC
d/b/a Macmillan (collectively,
‘‘Macmillan’’); The Penguin Group, a
division of Pearson plc and Penguin
Group (USA), Inc. (collectively,
‘‘Penguin’’); and Simon & Schuster, Inc.
(‘‘Simon & Schuster’’; collectively with
Hachette, HarperCollins, Macmillan,
and Penguin, ‘‘Publisher Defendants’’)
to obtain equitable relief to prevent and
remedy violations of Section 1 of the
Sherman Act, 15 U.S.C. § 1. Plaintiff
alleges:
I. Introduction
1. Technology has brought
revolutionary change to the business of
publishing and selling books, including
the dramatic explosion in sales of ‘‘ebooks’’—that is, books sold to
consumers in electronic form and read
on a variety of electronic devices,
including dedicated e-readers (such as
the Kindle or the Nook), multipurpose
tablets, smartphones and personal
computers. Consumers reap a variety of
benefits from e-books, including 24hour access to product with near-instant
delivery, easier portability and storage,
and adjustable font size. E-books also
are considerably cheaper to produce and
distribute than physical (or ‘‘print’’)
books.
2. E-book sales have been increasing
rapidly ever since Amazon released its
first Kindle device in November of 2007.
In developing and then mass marketing
its Kindle e-reader and associated ebook content, Amazon substantially
increased the retail market for e-books.
One of Amazon’s most successful
marketing strategies was to lower
substantially the price of newly released
and bestselling e-books to $9.99.
3. Publishers saw the rise in e-books,
and particularly Amazon’s price
discounting, as a substantial challenge
to their traditional business model. The
Publisher Defendants feared that lower
retail prices for e-books might lead
eventually to lower wholesale prices for
e-books, lower prices for print books, or
other consequences the publishers
hoped to avoid. Each Publisher
Defendant desired higher retail e-book
prices across the industry before
‘‘$9.99’’ became an entrenched
consumer expectation. By the end of
2009, however, the Publisher
Defendants had concluded that
unilateral efforts to move Amazon away
from its practice of offering low retail
prices would not work, and they
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[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Page 77094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31449]
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JUDICIAL CONFERENCE
Hearings of the Judicial Conference Advisory Committee on Rules
of Evidence
Federal Register Citation of Previous Announcement: 77 FR 49828
(August 17, 2012).
AGENCY: Advisory Committee on Rules of Evidence, Judicial Conference of
the United States.
ACTION: Notice of Cancellation of Open Hearing.
-----------------------------------------------------------------------
SUMMARY: The following public hearing on proposed amendments to the
Federal Rules of Evidence has been canceled: Evidence Rules Hearing,
January 22, 2013, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Benjamin J. Robinson, Deputy Rules
Officer and Counsel, Administrative Office of the United States Courts,
Washington, DC 20544, telephone (202) 502-1820.
Dated: December 24, 2012.
Benjamin J. Robinson,
Rules Committee Deputy and Counsel.
[FR Doc. 2012-31449 Filed 12-28-12; 8:45 am]
BILLING CODE 2210-55-P
