Brussels, 20/07/2001 (Agence Europe) - As announced yesterday, the European Commission sent a statement of objections to certain German publishers and book wholesalers who had been recognised as having abusively applied the system of fixed book prices to direct cross-border sales of books to final consumers. This system is the result of an inter-professional cross-border agreement fixing book prices between Austrian publishers and German booksellers or between German publishers and Austrian booksellers. In 1993, it was the subject of review on the part of the European Commission, which doubted its compatibility with European competition rules. In 1999, the Commission took a stance in favour of reforming the system and ordered the Member States concerned to modify the system by 30 June 2000 at the latest. In conformity with the new agreements set in place and authorised, after scrutiny, by the Commission, the "Sammelrevers" (fixed pricing) in its amended version stipulates that the prices imposed for books are authorised as long as they are not detrimental to trade between Member States.
In other words, the prices imposed cannot be applied to books sold directly by retailers to final consumers in other Member States. The prices imposed may thus not be applied to direct cross-border sales of books via the Internet.
In August 2000, the Commission had carried out surprise inspections with several German publishers, bookstores and wholesalers (notably at the Borsenverein of the Deutschen Buichhandels, the German book federation) which, according to several plaintiffs, applies the system in such a manner that it continues to have effects of trade between the Member States. Certain German publishers and wholesalers also refuse, still according to the same plaintiffs, to supply Internet bookstores established outside Germany and this in a concerted manner (see EUROPE of 3 August 2000, p.3). The Commission concluded that there does exist proof of these practices and decided to send a statement of objections to the actors concerned. On the one hand, it feels that the direct cross-border sales of books to final consumers in Germany via the Internet cannot, as a general rule, be considered as a way of circumventing the "Sammelrevers" and thus justified the application of the price imposed and the refusal of deliveries. It does not tolerate, on the one hand, that the colluding restrictive practices have negative repercussions on trade between the Member States, notably when these practices prevent Community consumers from benefiting from new technologies and new forms of distribution, notably those offered on the Internet. The parties concerned may immediately answer these conclusions, justify their attitude within a three-month period and call for a hearing.