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It's the other way around, actually: by law in the US and most countries worldwide, suppliers are free to set whatever prices and terms they like, but retailers
by joshkaufman 12y ago
It's the other way around, actually: by law in the US and most countries worldwide, suppliers are free to set whatever prices and terms they like, but retailers have the final authority to set the price that's presented to the retail customer. Suppliers can not unilaterally dictate to retailers the final sales price the retail customer pays.
That's why "Manufacturer's Suggested Retail Price" (usually abbreviated MRSP) is a thing. The manufacturer / supplier suggests a price, but the retailer makes the final call. The only recourse suppliers have to this is pulling distribution from that retailer entirely, as long as they apply the same policy to all retailers - companies like Apple and Bose make credible threats to do this to suppliers that violate their guidelines, which is why their prices are so consistent across retailers.
Otherwise, retailers have the final call on retail pricing unless they waive that right via negotiation: if they want to sell at a loss, or reduce their own margin to use lower prices as a marketing tool, they can. That's why Walmart and Target often sell bottles of Tide below cost - it's called a "loss leader" strategy, and it's very common as a way to attract new business.
Amazon used loss leader pricing on bestselling titles to establish the Kindle platform, which is a major reason why it's the dominant ebook platform now.
A big part of this dispute is that Hachette is demanding final authority on setting prices, and demanding that Amazon gives up the right to discount and use its ebooks as loss leaders - instead, they'd get a flat percentage (likely ~30%) of whatever Hachette decides to charge. This is a major part of what's now called "agency pricing," and the big 5 publishers and Apple colluded to force Amazon to adopt it several years ago. That's why the DOJ filed suit for antitrust / collusion / price fixing, and the publishers each lost or chose to settle.
As a condition of the judgement / settlement, publishers now have to renegotiate their contracts with Amazon. Amazon, justifiably, isn't willing to agree to agency pricing without major concessions. Hachette won't agree to standard retail non-agency pricing. Hence the impasse.
EDIT: also to clarify, wholesale non-agency pricing isn't "unprecedented in the book business." Barnes & Noble and independent retailers have operated on wholesale pricing for print books for decades. Otherwise, B&N wouldn't be able to place a "20% off" sticker on bestselling titles, or offer large discounts to move remaindered stock. Hachette is asking Amazon to agree to something no other book retailer has or would agree to. Retailers like Apple and B&N/Nook have agreed to agency pricing on ebooks in the hopes of shutting down Amazon's ability to discount, with the understanding that publishers were attempting to force Amazon to do the same. (Via collusion.)
The larger game is that Hachette (and other large publishers) are attempting to protect their hardcover print sales by inflating the price of ebooks, which makes them less attractive to readers. Ebooks are more profitable, but it's a more difficult market to control, so publishers are fighting Amazon and doing what they can to slow ebook adoption as much as possible. It's not a smart strategy, IMO, but that's what they're doing.
- Alex_MJ 12y agoBoth of these posts have been educational and I now understand the debate in far more detail than before. Thank you!
- growse 12y agoWhen Amazon decides to discount a product, who swallows the loss? Does the supplier still get a fixed cut per sale regardless of sale price, or do they get a fraction of whatever the sale price was? I ask because I believe in things like grocery retail, the retailers have immense power over the suppliers. If you see pasta sauce at 2-4-1, it's the supplier picking up the cost of that. Favourable placement in store? The supplier pays. The big retailers can hit the supplier over the head with the threat of simply stopping selling the suppliers entire catalog, which would cause massive revenue loss for the supplier. With this stick, the retailer can ensure that they're getting a fixed income for every unit sold, regardless of the actual unit sale price. They pretty much have the suppliers completely over a barrel. Seems like the balance of power between retailer and supplier is drastically different between sectors.
- ghshephard 12y agoAmazon swallows the loss. For example, with eBooks, they were purchasing wholesale from the book publishers for $15, and then selling them to customers for $9.99. As much as I love my Kindle, and Amazon, and as much as I realize that the publishers probably extract more value from the entire chain than is reasonable given their contribution (as compared to the author, who I believe should be rewarded a great deal more) - I realize that we will face dark times in the future if Amazon is able to corner the eBook market.
- pbhjpbhj 12y ago>Amazon swallows the loss. For example, with eBooks, they were purchasing wholesale from the book publishers for $15, and then selling them to customers for $9.99. // What were the books selling for in paperback? I'm guessing less than $15 - I know it's priced to the market and the utility improves the value, and thus a higher price can be attained. But, I didn't think that Amazon would let publishers rip them off in this way - paying more for something that costs less to produce. Amazon if ebooks are even marginally above paperback costs should just buy the paperback, format shift to ebook, sell the paperbacks as pulp. I don't think anyone wants to hand over the ebook market entirely to Amazon; all the publishing houses needed to do was not be evil and not try to squeeze the system dry ... oh well. Death and taxes and human greed can always be relied upon.