Brussels, 25/07/2013 (Agence Europe) - On Thursday 25 July, the European Commission adopted a decision that renders legally binding the commitments offered by Penguin (United Kingdom, Pearson Group), in the context of the Commission's investigation regarding the sale of e-books in the European Economic Area (EEA). The Commission had concerns that Penguin, together with four other publishers and Apple may have contrived to limit retail price competition for e-books in the EEA.
These commitments are the same as as those proposed by the other four publishers (Simon & Schuster, Harper Collins, Hachette, Holtzbrinc) and made legally binding by the Commission on those companies in December 2012 (see EUROPE 10831). In practice, Penguin is committed to the termination of on-going agency agreements (in additon to those concluded with Apple) and the exclusion of certain most-favoured-nation (MFN) clauses in Penguin's agency agreements over the next five years. Penguin also offered to give retailers freedom to discount e-books, subject to certain conditions, for two years. The decision taken by the Commission on Thursday makes these commitments legally binding and, together with the decision of december 2012, involving acceptance of the commitments made by the other publishers concerned, closes the procedures opened in december 2011 against the company. (FG/transl.fl)