Class Action Suit: Amazon & Publishers Face Price Collusion

Attorney's Sperling & Slater acting on behalf of three eBook buying plaintiffs are suing Amazon and the "big 5" publishers (Hachette, Macmillan, Penguin Random House, Simon & Schuster, Harpercollins) for eBook price collusion in the Southern District Court in Manhattan.  These plaintiffs are deemed representative of the following class:  

All persons who, on or after January 14, 2017, purchased in the United States one or more eBooks sold by the Big Five Publishers through any other retail e-commerce channel in the United States other than the Amazon.com platform.

The filing alleges that Amazon.com employs anticompetitive restraints to immunize its platform from the negative effects of the Big Five’s inflated eBook prices and that these 'inflated prices' are a result of the imposition by publishers of the agency pricing model.

There are several exhibits in this filing including the following:

As the following chart shows,15 the Big Five’s eBook prices decreased substantially from 2013-2014, as long as the consent decrees prevented the Big Five from interfering with retailer discounts, but they immediately increased their prices again in 2015 after renegotiating their agency agreements with Amazon and have continued to maintain supracompetitive prices

What the above chart seems to be suggesting is that eBook prices from the big five are now at a level comparable to the 2014-15 time period which is when they were lowest.

In their argument the attorneys focus on the use of 'most favored' pricing models which Amazon requires of its vendors. Basically no other vendor (including the publisher) can offer better prices to consumers. Due to this according to the suit, Amazon removes any opportunity for price competition and therefore perpetuates higher (anticompetitive) pricing of eBooks. As follows:

27. Amazon’s and the Big Five’s continued anticompetitive use of MFNs in the United States is astonishingly brazen, given the DOJ’s high-profile enforcement against Apple and the Big Five in 2012 and the EU’s own proceedings against the Big Five and Apple in 2011 and subsequently against Amazon in 2015 for its own use of anticompetitive MFNs in eBook sales. Despite multiple investigations and censure, Amazon and the Big Five have engaged and continue to engage in a conspiracy to fix the retail price of eBooks in violation of Section 1 of the Sherman Act.

28. Amazon’s agreement with its Co-conspirators is an unreasonable restraint of trade that prevents competitive pricing and causes Plaintiffs and other consumers to overpay when they purchase eBooks from the Big Five through an eBook retailer that competes with Amazon. That harm persists and will not abate unless Amazon and the Big Five are stopped; Plaintiffs seek a nation-wide injunction under the Clayton Act to enjoin Amazon and the Big Five from enforcing this price restraint.

29.Amazon’s conduct also violates Section 2. Amazon has obtained monopoly power in the U.S. retail trade eBook market, where it accounts for 90% of all eBook sales. Through its conspiracy with the Big Five Co-conspirators, Defendant Amazon has willfully acquired its monopoly power in the U.S. retail trade eBook through anticompetitive conduct, fixing the retail price of trade eBooks and causing supracompetitive prices for eBooks sold by or through Amazon’s eBook retailer rivals. Such conduct is an abuse of monopoly power in violation of Section 2 of the Sherman Act.

In stating thie case, the attorneys believe that Amazon and its co-conspirators (Big 5 publishers) did not act unilaterally or independently, or in their own economic interests, when entering into these agreements, which substantially, unreasonably, and unduly restrain trade in the relevant market, and harmed Plaintiffs and the Class thereby.

They seek damages in the case due to the higher costs of eBooks purchased.

MediaWeek (Vol 4, No 35) Distance Learning, Libraries and E-Books, Digital Textbooks + More

Online enterprises gain a foothold in traditional education (NYT):

While many students at the nascent institutions offer glowing reviews and success stories, a recent study by Teachers College at Columbia University that tracked 51,000 community college students in Washington State for five years found that those with the most online course credits were the least likely to graduate or transfer to a four-year institution. And traditional professors like Johann Neem, a historian at Western Washington University, see places like Western Governors University as anti-intellectual, noting that its advertising emphasizes how fast students can earn credits, not how much they will learn.
“Taking a course online, by yourself, is not the same as being in a classroom with a professor who can respond to you, present different viewpoints and push you to work a problem,” Professor Neem said. “There’s lots of porn and religion online, but people still have relationships and get married, and go to church and talk to a minister.”
But Anya Kamenetz, whose 2010 book, “DIY U: Edupunks, Edupreneurs and the Coming Transformation of Higher Education,” tracks the new wave of Web-based education efforts, says the new institutions will only continue to improve and expand. “For some people, it will mean going from a good education to a great one,” she said. “For others, it will mean getting some kind of education, instead of nothing.”

Trade publishers beginning to look hard at practical ways to deal with libraries for their electronic content (LJ):

David Young, the chairman and CEO of Hachette Book Group, acknowledged back in May, during a Publishing Point Meetup interview with Michael Healy, the executive director of the Book Rights Registry, that the company wanted an accommodation with libraries but that it was a challenge finding the right business model.
"That is, I think, a really really big question, and I wish I knew the answer to it. All I know is we're putting a lot of thought into it. I'm meeting the president of the ALA in New Orleans in June and we're talking with our various partners around that. I think it's something that needs a lot of careful thought because if you let that particular genie out of the bottle and get it wrong then you could get yourself in all sorts of trouble. Should there be a library solution? I'm certain there should be, but what it is we haven't figured it out. We're putting a lot of thought and effort into it."
Carrie Russell, the director of the American Library Association's Program on Public Access to Information, confirmed that then-ALA President Roberta Stevens and ALA Executive Director Keith Fiels met with representatives from Hachette and HarperCollins at the annual convention to discuss publisher-library collaboration.

The year of the digital textbook is upon us (IHEd):

In recent years, the focus on digital has been eclipsed by a surge in print textbook rentals. Companies such as Chegg.com and BookRenter.com — along with thousands of campus bookstores — have captured students who would prefer to consolidate the process of buying and then reselling textbooks into a single exchange at the outset of the semester. According to Student Monitor, 24 percent of students at four-year institutions rented at least one print textbook last spring — three times as many as purchased an e-textbook.
But recent search data from Google suggest that digital textbooks may prove to be a contender this year. According to the company, Web queries for “Kindle textbooks” are up 60 percent from this time last year. Same goes for “Nook textbooks.” Searches for “iPad textbooks” are up 40 percent. Whether or not students are buying e-textbooks this year, they seem to be shopping for them.
Google search data also suggest that more students are looking to curb costs by renting textbooks instead of buying them. Searches for "textbook rentals" are up 20 percent. Searches for "cheap textbook rentals" are up 40 percent.
So what happens when the digital and rental trends overlap?
One way of answering this question is to say that they already have. CourseSmart, a consortium that sells e-textbooks on behalf of the five major textbook publishers, has never sold permanent licenses for its digital textbooks. “Your use of the service does not give you any ownership rights in the e-textbooks; rather, you only have a limited right to access such e-textbooks,” CourseSmart asserts in its terms of service.
Another way of answering is to say that digital and rental will never overlap. That is because, unlike print, e-textbooks are never sold; they are licensed. Without the permissions conferred by the “First Sale Doctrine,” which bars publishers from dictating the terms of secondary sales (or rentals) of their books, Chegg and other vendors can only serve as alternative platforms through which students can buy or rent e-textbooks from publishers. They cannot set their own prices.

Fairfax County libraries switch focus to electronic content: WAPO

Electronic formatting has shown to be more popular in some genres, such as adult fiction, where it captured 13.6 percent of the net revenue market share. Area librarians said children’s books, specifically picture books, are not very popular among e-readers yet because the format does not translate as well as do text-only books.
“Our collection is driven by budget and demand,” said Trish Van Houten, assistant coordinator for collection management and acquisitions for the county library system.
In November, just before Christmas, the system had 2,177 electronic titles checked out. In July, more than 6,250 titles were checked out.
“It’s always interesting to watch new technologies take hold and become standards,” Van Houten said. “We saw the same thing 10 to 15 years ago with tapes and CDs. Any time there’s a new technology, everyone has to learn how to use it.”
Many public libraries use OverDrive, a digital distributor founded in Cleveland in the 1980s, to provide their digital stacks for readers. Learning to make the switch from buying e-books to renting them can take some getting used to, library staff said.
“I think the technology is in transition right now,” Smith-Cohen said. “It’s not where [readers] want it to be. It’s clumsy for most first-time users.”

Are research papers a waste of time? An online debate at the NYTimes:

The trouble with the question of whether research papers or essays are a better assessment of acquired knowledge is that it’s based on a false distinction. Any good research paper must have an argument, and any good essay must support its argument with evidence.

It’s certainly true that the nature of research changed with the advent of search engines that can do the looking and sorting and even some version of thinking — all things that students were once supposed to learn how to do for themselves. It doesn’t take long to gather lots of sources, fit them to whatever claim one wants to make, and thereby produce something that looks like the result of hours in the library spent reading and deriving conclusions from what one has read. But now, as in the past, a good teacher should be able to tell the difference between a phony piece of writing and an honest one.

From Twitter this week:

Why Did Borders Fail in S'pore? http://jglo.be/bgsg "tired selection of books confused music/film section relentless promo of bestsellers.

Ann Patchett’s Book Tour: NYT

Representative John Conyers Wants Copyright Law Revision: http://nyti.ms/mQ1DdT. Would it be consumer friendly though?

McGraw-Hill eyes education unit spin-off - FT.com -

MediaWeek Report (Vol 3, No 45a): Recent Publishers' Financial Headlines- Peason, Hachette, Simon & Schuster

The past few weeks have seen a resurgence of sorts in the fortunes of some of publishing's biggest players. Here is a summary: Pearson noted that their markets were 'subdued' however they continued to produce market gains their competitors probably envy (Press Release):

Demand in some of our markets remained subdued in the third quarter, and the macroeconomic outlook is still uncertain. Even so, Pearson increased sales by 7% and adjusted operating profit 15% in the first nine months of 2010*. All parts of the company continued to perform strongly, with sales growth of 5% in Penguin, 7% in education and 11% at the Financial Times Group. ...

In North America, this strategy enabled us to gain share and grow faster than our market, with sales growth of 5% in the first nine months. Our Higher Education business grew strongly once again. Its market remains healthy (industry sales up 10% in the first eight months, according to the Association of American Publishers) and our leadership in digital learning continues to produce market share gains. More than 3.5m students have enrolled in an online course provided by eCollege in the first nine months, an increase of almost 39% over last year. More than 6.5m college students have registered for our subject-specific digital learning tools (MyLabs), an increase of almost 34%. Our Assessment and Information business remained resilient as we won or renewed a number of contracts including a teacher certification contract in Pennsylvania and student data systems in Utah. The breadth of our School Curriculum business and its strength in digital is enabling us to grow despite weakness in state and local funding and uncertainty around the impact of new Common Core standards. We are planning on the basis that school funding remains under pressure in 2011 and that the total new adoption opportunity will be lower than in 2010. We are accelerating the transformation of our School business, investing to broaden the range of products and services we offer to schools to help them boost student performance and institutional efficiency. Sales in International Education are up 8% after nine months. We are benefiting from strong demand in developing markets and for assessment services, English Language learning in China and digital, while developed markets and school publishing are generally soft. In the first nine months, MyLab registrations outside North America were up almost 40% on the same period last year to more than 460,000. ....

At Penguin, sales are up 5%. Physical retail markets are tough, but are offset for Penguin by strong publishing and rapid growth in eBook sales (which have increased threefold). Penguin continues to lead the industry in innovation in digital publishing, with 16,500 eBook titles now available and a number of children’s apps for bestselling brands. The Fry Chronicles by Stephen Fry became a bestseller in five formats (hardback, ebook, enhanced ebook, app and audio), a publishing first. The fourth quarter is an important selling season in consumer publishing and Penguin has a strong line-up of bestselling authors including Tom Clancy, Patricia Cornwell, Barbra Streisand and Nora Roberts in the US; and Michael McIntyre and Jamie Oliver in the UK.

Hachette (Grand Central Books) reported declines attributed to reduced sales of the Stephanie Meyer 'saga' (Press Release):

As expected, the erosion in sales of Stephenie Meyer's Twilight saga (Twilight, New Moon, Eclipse and Breaking Dawn) had a marked impact on revenue trends not only in the United States, but also in France and the United Kingdom. In France, the postponement of deliveries of secondary school textbooks from the third quarter to the fourth quarter (due to the late announcement of new curriculums) also had a temporarily negative effect. And in Spain, the Education market was more challenging than last year.

After a like-for-like revenue fall of just 4.5% in the first half of 2010, there was a more marked fall (of 6.8%) in the nine months to end September; this was largely due to the sharp decline in the Stephenie Meyer phenomenon and the non-recurrence of the sale of the international rights to the saga, booked in the first half of 2010.

However, revenues for the first nine months of 2010 are slightly ahead of those for the comparable period of 2008, demonstrating the remarkable resilience of the Lagardère group. Numerous literary successes - James Patterson and Nicholas Sparks in the United States, David Nicholls and Sarah Waters in the United Kingdom, and Jacques Attali and Erik Orsenna in France - are testimony to the dynamism of our publishing houses.

Sales of e-books remain strong, accounting for some 9% of revenues in the United States in the first nine months of 2010.

Simon & Schuster (Part of CBS)

For the three months ended September 30, 2010, Publishing revenues decreased 6% to $217.7 million from $230.4 million for the same prior-year period reflecting lower book sales in the adult group from the soft retail market, partially offset by growth in sales of digital content. Best-selling titles in the third quarter of 2010 included The Power by Rhonda Byrne and Obama's Wars by Bob Woodward. For the three months ended September 30, 2010, Publishing operating income increased 11% to $29.4 million from $26.6 million and OIBDA increased 10% to $31.1 million from $28.4 million for the same prior-year period reflecting the impact of cost containment measures, lower royalty expenses and lower production costs from a change in the mix of titles. Nine Months Ended September 30, 2010 and 2009: For the nine months ended September 30, 2010, Publishing revenues decreased 3% to $559.1 million from $573.5 million for the same prior-year period reflecting the soft retail market, partially offset by growth in digital sales of Publishing content. For the nine months ended September 30, 2010, Publishing operating income increased 47% to $44.9 million from $30.6 million and OIBDA increased 36% to $49.9 million from $36.6 million for the same prior-year period reflecting the impact of cost reduction measures and lower production expenses from a change in the mix of titles, partially offset by higher royalty expenses. Restructuring charges of $1.8 million incurred during the nine months ended September 30, 2010 reflect severance costs associated with the elimination of positions.

NewsCorp is done separating out the Harpercollins unit from their other publishing assets. (SeekingAlpha)

McGraw-Hill Education and Professional publishing reported as follows (Press Release):

Education: Revenue for this segment increased by 5.5% to $1.1 billion in the third quarter compared to the same period last year. Including a $3.8 million pre-tax gain on the divestiture of a secondary school business in Australia, the operating profit for the third quarter grew by 19.9% to $357.5 million. Cost controls contributed to the increase in the segment's operating margin to 33.9%, the best third-quarter performance for McGraw-Hill Education since 2007. Foreign exchange rates had an immaterial impact on revenue and operating profit in the third quarter. Revenue for the McGraw-Hill School Education Group increased by 6.7% to $534.7 million in the third quarter versus the same period last year. Revenue for the McGraw-Hill Higher Education, Professional and International Group grew by 4.3% to $520.0 million in the third quarter, compared to the same period last year. A strong performance in the state new adoption market was the major factor in McGraw-Hill School Education Group's third quarter results. The McGraw-Hill School Education Group is on track to capture approximately 30% of the estimated $825 million to $875 million state new adoption market in 2010. In 2009, the state new adoption market was about $500 million. ... In professional publishing, online sales of books and digital products produced solid growth in the third quarter. Double-digit e-book sales were a bright spot in the sluggish retail book market, which continues to be buffeted by difficult economic conditions. More than 5,000 McGraw-Hill professional titles are now available to customers as e-books.

Harlequin a division of TorStar is often beset by forex changes (PR)

Book Publishing operating profit was $23.0 million in the third quarter of 2010, up $0.1 million from $22.9 million in the third quarter of 2009, as $1.4 million of underlying growth offset a negative $1.3 million from the impact of foreign exchange. Year to date, Book Publishing operating profit was $66.1 million, up $3.0 million from $63.1 million last year as $6.2 million of underlying growth more than offset a negative $3.2 million from the impact of foreign exchange. In both the quarter and the year to date, operating results were up in the North America Direct-To-Consumer and Overseas divisions and down in the North America Retail division.

Earlier this month Wolters Kluwer reiterated their full year guidance (PR)

In the third quarter, growth in online and software solutions continued in all divisions. With improving retention rates across the business, subscription revenues, which represent 72% of total revenues, showed improvement over the prior year, especially for electronic revenues. This growth helped to offset the impact of print publishing declines and the continued pressure on advertising and pharma promotional product lines. Book performance improved in the third quarter driven by strong results in legal education and health book product lines. The Health & Pharma Solutions division performed well, with strong growth noted at Clinical Solutions, Ovid, and books. Within Tax & Accounting, new sales and retention rates for software solutions grew at a solid rate which helped offset pressure on print-based publishing. Financial & Compliance Services saw double-digit growth in its audit risk and compliance product lines and cyclical revenues associated with mortgage lending improved in the third quarter. In the Legal & Regulatory division, transactional revenues at Corporate Legal Services continued to grow, reflecting the steady economic recovery underway in the U.S. While online and software products grew globally within Legal & Regulatory, macro economic conditions continue to put pressure on publishing and cyclical product lines such as training, consulting and advertising, particularly within Europe, offsetting the positive trends for electronic revenues.

MediaWeek (Vol 2, No 45): Money Issue

Several publishers reported earnings this week.

Simon & Schuster (CBS)

Publishing revenues for the third quarter of 2009 increased 2% to $230.4 million from $225.0 million for the same prior-year period reflecting the timing of the release of titles. Best-selling titles in the third quarter of 2009 included Arguing with Idiots by Glenn Beck and Her Fearful Symmetry by Audrey Niffenegger. In constant dollars, Publishing revenues increased 4% over the same prior-year period.

OIBDA for the third quarter of 2009 increased 10% to $28.4 million from $25.8 million for the same quarter last year and operating income increased 14% to $26.6 million from $23.4 million for the same prior-year period primarily due to revenue growth, partially offset by higher write-offs of advances for author royalties.

Hachette (Reuters) and The Bookseller:

Publishing revenues for the nine months to end September 2009 were €1,694m, up 8.3% on a reported basis and 8.8% on a like-for-like basis. Sales grew again in the third quarter of 2009, rising by 5.1% on a like-for-like basis. Other "main growth drivers" in the US included True Compass by Edward Kennedy, Say You're One of Them by Uwem Akpan, Lies My Mother Never Told Me by Kaylie Jones and Malcolm Gladwell's Outliers.

There was further sales growth in the United Kingdom but Spain reported a slight dip, mainly due to lower sales in education, Lagardère said. Lagardère said its publishing business faced "a particularly challenging fourth-quarter comparative", as the success of the Stephenie Meyer saga drove like-for-like sales growth to 6% in the fourth quarter of 2008.

ThomsonReuters (Press Release):

Glocer commented that 'the worse may be over'
Revenues from ongoing businesses were $3.2 billion, a decrease of 2% before currency and 4% after currency. IFRS revenues were down 4% after currency against the prior year period.

Underlying operating profit was up 3% to $711 million, with the related margin up 140 basis points, driven by the benefit of currency, integration-related savings and a continued commitment to strong cost management.

Adjusted earnings per share were $0.43 compared with $0.47 in the third quarter of 2008. The decline was due to higher integration-related spending, which is included in adjusted earnings but not underlying operating profit.

Borders announced that they would close the remaining mall stores by early 2010 (PR):

As part of Borders Group's ongoing strategy to right-size its Waldenbooks Specialty Retail segment and emerge with a smaller, more profitable mall chain in fiscal 2010, the retailer will close approximately 200 mall stores in January, leaving approximately 130 mall-based locations open. The list {of closures} is not final and is subject to change pending finalization of agreements over the coming weeks. Importantly, today's announcement regarding the mall business does not include Borders superstores or the company's seasonal mall kiosk business, which includes over 500 Day by Day Calendar Co. units, among other mall-based retail concepts.

Newscorp reported their results including improved results at Harpercollins (PR):

HarperCollins operating income of $20 million increased $17 million versus the same period a year ago due to higher sales at the Children's and General Books divisions, as well as reduced operating expenses from restructuring efforts in the prior year. First quarter results included strong sales of Where the Wild Things Are by Maurice Sendak, The Vampire Diaries by L.J. Smith and the paperback edition of The Story of Edgar Sawtelle by David Wroblewski. During the quarter, HarperCollins had 47 books on The New York Times bestseller list, including four books that reached the number 1 spot.

Torstar the parent of Harlequin reported (PR):

Book Publishing operating profit was $22.9 million in the third quarter of 2009, up $4.2 million from $18.7 million in the third quarter of 2008, including $2.0 million from the impact of foreign exchange. Year to date, Book Publishing operating profit was $63.1 million, up $9.9 million from $53.2 million in the first nine months of 2008, including $5.1 million from the favourable impact of foreign exchange. Underlying results were up in North America Direct-To-Consumer and down in North America Retail for both the third quarter and year to date. Overseas was down in the quarter but up year to date.

Hachette Rights Squable

Teleread.org is reporting that Hachette Book Group is pulling “all of its [e-book] titles from U.S. distributors” in a dispute over the issue of sales controls based on geographical territory.

"What’s happened is that U.S. distributors (Overdrive, Ingram Digital and Mobipocket) have not yet implemented systems to limit sales to assigned territories in a manner with which Hachette Livre (the French parent company of Hachette USA, formerly Time Warner books) is comfortable, likely creating contract issues with their European resellers and some of their authors.

“Without notice, Hachette instructed U.S. distributors (include French-based Mobipocket) to pull all ebooks from U.S. distribution over the weekend. Hachette and the distributors are working hard to resolve this. Meanwhile, our support email is getting a huge number of extra inquiries because of the Mobipocket error message and the Hachette action.

Teleread (David Rothman) also addresses the larger issues of DRM restrictions that could presage consumer frustration. "Will e-book DRM end up with a bewildering maze of territorial restrictions, just like DVDs?" One hopes not but is this representative of needlessly enforcing p-world realities on the e-book world?

Hopefully more news will be forthcoming on this issue.

Lagardere Reports

Corporate owner of Hachette UK and Grand Central Publishing reported their first half results yesterday. Here are some relevant parts from their press release:

Lagardère Publishing– Net sales for the first half of 2008 were €908m, an increase of 1.3% on a reported basis and 4.5% on a like-for-like basis. The business achieved a respectable performance in the United States, the United Kingdom and Spain, but there was a further decline in Literature in France. Part-works were affected by a drop in French and Italian sales, partly offset by good performances in the United Kingdom and Japan.

EBIT before associates [amortization of goodwill] of €71m, unchanged from the 2007 first-half figure, with an improved operating performance canceled out by negative currency effects. Good contributions from the United Kingdom (other than in educational books) and from Education in Spain offset a decline in profits from General Literature in France and Part-works. The contribution from the United States rose by over 10%, driven by an excellent performance in Fiction/Non-Fiction.

MediaWeek (Vol 1 No 29):

Amazon.com speaks to the NYTimes about cloud computing.

Customers of Amazon’s new store will be able to start watching any of 40,000 movies and television programs immediately after ordering them because they stream, just like programs on a cable video-on-demand service. That is different
from most Internet video stores, like Apple iTunes and the original incarnation of Amazon’s video store, which require users to download files to their hard drives

Christian book retailing is either treading water and just surviving or being destroyed depending on who you listen to. Here the Washington Post looks at the business.

Meeting customers where they are has become the mantra of the Christian retail industry as its stores face stiff competition from big-box chains and online retailers. With more stores closing than opening each year, industry layoffs and a key publisher staying away from this week's annual International Christian Retail Show in Orlando, retailers and publishers say innovation is key to thriving.

The Bookseller notes that Lonely Planet got their books into the Apple Store in quick order.

John French announced to staffers through an internal memo that he was stepping down as CEO of Penton Media. Speculation about who will replace him included Mike Marchesano currently at JEGI. Folio.

The AP reports on a new book from Mitch Ablom which is being offered exclusively through Amazon.com. The book is actually an eBook version of a commencement speech the author gave this spring.

More on the civil war between the UK office of Hachette Book Group and Amazon.com over pricing. Times Online.

The online bookseller has imposed extraordinary sanctions against the publisher, ... It is listing Hachette books but preventing the public from purchasing them by removing the “buy new” button from its websites.

James Murdoch seems to be moving closer to Big Boss. MediaGuardian. Notes on other Media bosses.

Sadly, Publishing News in the UK is closing down their magazine operation. PN But before they go they note a HarperCollins implant at Amazon.co.uk.

Conde Nast's Portfolio takes a look at HarperStudio. (Briefly).

John Makinson thinks outsides aren't welcome in the publishing world. The Bookseller.

Hachette Reports

Lagardère the French conglomerate that owns the book publishing unit Hachette published their full year results yesterday. They reported group revenues up 8.5% over the prior year and 3.3% up on an apples to apples basis. The wide disparity was due to the full year inclusion of the Time Warner Publishing Group (now Grand Central) in the current year's numbers. This is a widely dispersed conglomerate but the news report did carve out the publishing unit for praise as follows:

Publishing (formerly the Books division) – Excellent quarter in virtually all the countries in which we operate. Sales were particularly robust in the United Kingdom, driven by a raft of successful fiction and non-fiction titles. The very strong growth in the United States since January 2007 was maintained. In France, Literature and Illustrated Books both ended the year strongly.

For the full year they reported the following:

Revenues reached €2,130m (up 8.6% on a reported basis), including an extra quarter of sales from the Time Warner Book Group (impact: €80m), which in 2006 was consolidated from April 1.On a like-for-like basis, an excellent final quarter propelled full-year revenue growth to 4.7%, versus 3.0% to end September 2007.In the United Kingdom, the year ended with a surge in sales. The group published 7 of the top 10 Christmas non-fiction best-sellers (including Bobby Charlton, Russell Brand and Al Murray), and 5 of the top 10 fiction titles (including Martina Cole and Patricia Cornwell).In the United States, the strong growth seen since the start of the year continued, driven by best-sellers (including Patterson, Baldacci, Hitchens and Meyer) and healthy backlist sales. In France, the fourth quarter was boosted by a fine contribution from Literature, thanks to authors such as Simone Veil and Philippe Claudel. Illustrated Books also enjoyed solid year-end sales.In Spain, sales are traditionally sluggish in the final quarter. Over 2007 as a whole, Spain recorded further strong growth not only in Education, but also in General Publishing and Children’s Books.Finally, Part-Works ended the year well, with steady sales growth in Italy, the United Kingdom and Japan.

In related French publishing news, France's number two publisher Editis has been placed on the block by its private equity owner Wendel. (Reuters) The company is said to be worth approximately €900mm. Spanish publisher Planeta and Italy's Mondadori were immediately suggested as potential purchasers. The following is from their corporate web page:

With 2400 employees and about 40 publishing imprints, Editis holds leading positions in three segments of the publishing business, in particular Literature (trade and mass market formats), Education (scholarly, scholastic aids, middle school, high school, university, legal and medical), and Reference (dictionaries and encyclopedias), as well as in the field of publishing services (promotion and distribution). Prestigious publishers and efficient group-wide services have made Editis number two in the world of French publishing and a major player in Europe. Editis has a clearly stated objective: to strengthen its position on the French market, to continue its growth, and to expand its influence throughout the French-speaking world.

I have noted Editis once before. On their web site they offer their take on the future of the book/reading experience. It is in French but none the less interesting. Here.

Hachette Vert

The Bookseller is reporting that Hachette livre UK is moving to firm sale on their back-list by the end of 2008. The company expects to consult with retailers on this implementation but Hachette is wielding the weapon of "Greenery"and thus have right on thier side. The Bookseller, calls the approach 'radical' and it is certainly unusual in the publishing world but in reality backlist sales are by nature far more stable than front list and the proposal shouldn't cause too much debate or controversy. (Expect to see other publishers follow suit).

The Bookseller went on to explain that this new proposal is only part of Hachette's Green policy,

Hachette has also commissioned the Carbon Trust to advise it on a long-term strategy to improve its energy emissions. It has already embarked on a range of initiatives, including persuading its head office landlords to re-engineer its office lighting system so that night-time lighting is restricted to areas occupied by members of staff; introducing dual fuel ‘hybrid’ cars into its company car fleet; and encouraging reduced use of cars.

Hachette are also revising their paper sourcing polices to follow accepted Green practices.

Hachette (Lagardere) Reports First Half Results

Lagardere is a €6.0billion company but the books division is big by our standards nevertheless. Their results have improved over the first quarter where there was some timing and softness in some markets. The US business continues to do well versus the prior period. Highlights from the press release:

• Lagardère Publishing (formerly the Books division) – The 2007 first-half revenue performance (€897m, up by 10.6% on a reported basis and by 1.7% on a like-for-like basis) was in line with our expectations. Like-for-like growth was driven by Hachette Book Group in the United States and by educational publishing in France.
• Recurring EBIT before associates up by 5.5% at €71m. The contributions from Education and Larousse in France, from Part-Works, and from Hachette Book Group in the United States (consolidated from April 2006) more than offset the drop in recurring EBIT from Literature in France and Orion in the United Kingdom.

Hachette (Lagardere) Reports

The US and UK arms of French media company Lagardere helped the company to grow revenues 7% for the first half. Lagardere is now a $10bill (approximately) company with interests in media and defense. From pr-inside

Lagardere's publishing division saw revenues up 11 percent to E897 million(US$1.23 billion), with the Time Warner Book Group providing a E82 million(US$112.7 million). The unit was not consolidated into the company results until April 2006.On a like-for-like basis, the publishing division's revenues rose 1.7 percent. Lagardere said the division's second-half revenue growth will be hit by weak sales in its French literature and Larousse dictionary businesses.

Lagardere's publishing units operate in Spain (Education), France (literature and education), the UK (Hodder) and US. Publishing revenues without the US only rose 1.7% and reflected conditions in France (market issues) and Spain (timing). The company press release did note strong growth in the US due to title growth.

For their outlook for publishing they noted the following:

The 2007 second-half prospects for Lagardère Publishing are good, especially for Education in France and Spain (where the effect of publication timing differences is set to be recouped in the third quarter) and for Literature in the United States. However, sales growth will as expected be dented by weak sales in Literature in France (a low-margin business) and at Larousse(elimination of loss-making editorial lines).

Businesswire

All in all a strange combination of assets when it is stated in black and white. In the US it is all the rage to de-comglomerate...one wonders.