On Tuesday 24 January, the European Commission announced that it was inviting comments from stakeholders regarding the commitments proposed to it by the American online sales giant, Amazon, to resolve the competition issues posed by the parity clauses included in contracts concluded with publishers regarding the distribution of digital books (e-books).
In June 2015, the Commission announced that it had opened a formal investigation into clauses that appear to protect Amazon from competition from other distributors of digital books (see EUROPE 11333). These clauses give it the right to be informed of all different, including more favourable, terms granted to its competitors and/or the right to enjoy similar terms and conditions to those granted to its rivals. These practices have already been running for several years.
Amazon is now proposing to the Commission that it refrain from applying clauses requiring publishers to grant it similar terms to those given to its competitors, and those requiring publishers to inform it that such conditions have been granted.
The American giant is also proposing to allow publishers to cancel contracts containing a clause linking any discounts on digital books to the retail price of any given digital book sold on a rival platform. Publishers would be authorised to cancel these contracts subject to notice of 120 days notified in writing. The commitments would apply for a period of five years to contracts for digital books and concerning the whole of the European Economic Area. (Original version in French by Élodie Lamer)