Today, the European Commission
reported on the start of a formal antitrust investigation against five international publishing houses, including Harper Collins (owned by News Corp., USA), Penguin (Pearson Group, UK), Simon & Schuster (CBS Corp., USA), Hachette Livre (Lagardère Publishing, France) and Macmillan (Georg von Holtzbrinck Publishing Group, Germany).
EU commissioners will check whether there has been an agreement between publishers regarding the price of books or restrictions on competition in the market. In addition, there will be a legal examination of official agency contracts that book publishers have entered into with retail stores.
After an anonymous preliminary
inspection of some publishers in March 2011, the commission was suspicious that these publishers, possibly with the help of Apple, entered into agreements that restrict free competition. If the facts are proved, it can be considered a cartel agreement, which contradicts the rules of fair competition and European legislation, in particular,
article 101 of the Lisbon Treaty. The protocol of action in the event of such a violation is prescribed in antimonopoly legislation (
Council instruction No. 1/2003 ).
The duration of the investigation depends on many factors, including the complexity of each case, the degree of cooperation of the accused companies with the EU commission, as well as the degree of realization of their rights to defense.