Brussels, 06/12/2011 (Agence Europe) - On Tuesday 6 December, the European Commission announced the opening of formal proceedings for an investigation into Apple and five publishing groups. The latter and the iPad inventor are suspected of having carried out anti-competitive practices affecting the sales of e-books in the European Economic Area (EEA).
In addition to Apple, the investigation concerns Hachette Livre (Lagardère Publishing, France), Harper Collins (News Corp., USA), Simon & Schuster (CBS Corp., USA), Penguin (Pearson Group, UK) and Verlagsgruppe Georg von Holzbrinck (who, in particular, holds Macmillan, Germany).
The Commission plans to examine whether the publishing groups and Apple have engaged in illegal agreements or practices that have the object or the effect of restricting competition in the EU or in the EEA. It will also examine the character and terms of the agency agreements entered into by the above-named five publishers and retailers for the sale of e-books. The Commission states that it has “concerns that these practices may breach EU antitrust rules that prohibit cartels and restrictive business practices”.
Opening the investigation in no way prejudges the outcome, states the Commission. It recalls that the duration of the investigation on cartels and abuse of dominant position depends on various factors, including the complexity of the matter, the degree of cooperation with the Commission by businesses concerned, and the exercise of defence rights.
In March 2011, the Commission had conducted surprise checks on the premises of a number of businesses in the e-book sector in several member states (see EUROPE N.10327). (OL/transl.jl)