UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: ROBERT PITOFSKY
MARY L. AZCUENAGA
JANET D. STEIGER
ROSCOE B. STAREK, III
CHRISTINE A. VARNEY
)
In the Matter of )) Docket
HARPER & ROW, PUBLISHERS, INC., )
a corporation. )
))
In the Matter of )) Docket
MACMILLAN, INC., )
a corporation. )
))
In the Matter of ))
THE HEARST CORPORATION, )
a corporation, and ) Docket
)
WILLIAM MORROW AND CO., INC., )
a corporation. )
))
In the Matter of )) Docket
THE PUTNAM BERKLEY GROUP, INC., )
a corporation. )
))
In the Matter of )) Docket
SIMON & SCHUSTER, INC., )
a corporation. )
)
)
In the Matter of )) Docket
RANDOM HOUSE, INC., )
a corporation. )
)
ORDER RETURNING MATTERS TO ADJUDICATION
AND DISMISSING COMPLAINTS
The complaints in these matters, issued on December 20, 1988, allege that the
SNIPPETS:
The complaints in these matters, issued on December 20, 1988, allege that the respondents --
The core of the complaints is that the respondents gave certain national bookstore chains
On November 12, 1992, the Secretary issued an order withdrawing these matters from
Since that time, the Commission has considered additional information concerning developments
Having examined the proposed consent agreements, and having considered significant
Although the proposed consent agreements prohibit most of the practices that led to the
For example, the dynamics and structure of the book distribution market have evolved in
it appears that major book publishers generally have modified pricing and promotional
the respondents generally have replaced the principal forms of alleged price discrimination
Finally, since the time that the proposed consent agreements were signed, the American
In view of these developments, further investigation, and possibly litigation, by the
For these reasons, the Commission has determined to reject the proposed consent agreements,
MacMillan, Inc., Docket 9218,
The most obvious justification for dismissing the complaints, a conclusion that the
The first reason the majority offers is the evolving industry "dynamics and structure.
Section 2of the Robinson-Patman Act,
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