Settlement near on ebook pricing

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The outcome of this week's settlement depends entirely on whether Judge Cote's ruling holds up on appeal. Amazon delays book about CEO Bezos. CNNMoney Sponsors. SmartAsset Paid Partner. Under the traditional wholesale pricing model, publishers had long charged booksellers around half the cover price of a book, leaving booksellers to discount the books if they wanted. Publishers disliked the strategy, fearing it would make it harder for them to sell hardcovers at higher prices.

When Apple entered the fray, it offered publishers the ability to set their own prices. But Apple also insisted that publishers couldn't sell more cheaply to any of its rivals. The publishers then were able to impose the same model on Amazon.

The combined result of the changes was to eliminate discounting of many popular e-books. Publishers have said privately that the shift to agency pricing has allowed more booksellers to thrive. In response to a private lawsuit filed last August in California, publishers and Apple have denied acting in concert to raise prices on e-books.

They say that each of them acted independently when Apple made its pitch because each thought the arrangement was in its interests. In talks with the Justice Department, some publishers have proposed keeping the agency pricing adopted with Apple but scrapping the provision—known as the "most favored nation" clause—that prevented them from giving other book sellers such as Amazon a better deal. The Justice Department has said publishers must go further, according to people familiar with the talks.

What it means for consumers: If e-book sellers can set their own prices, they may cut some prices to gain market share. Certain e-books could get cheaper. What it means for publishers: New contracts with sellers of e-books, notably Amazon, that would allow them to offer e-books below cost. That could threaten the prices commanded for hardcover books. The situation remains fluid and those positions could change as the Justice Department edges closer to filing an antitrust suit.

While the settlement terms haven't been finalized, early indications suggest they could have broad repercussions for the fast-growing e-book market. A settlement would likely involve tearing up contracts the publishers signed with Apple when it first introduced the iPad tablet computer in , according to the people familiar with the matter. Publishers who sign on to the settlement would likely have to allow market leader Amazon. AMZN It is unclear whether books by publishers who settle with the government would continue to be available on the iPad, and if so at what price.

At the same time, it could also cut the number of companies selling e-books.