“Although publishers fear seeing their titles disappear from Amazon—for many in the industry the retailer accounts for 20% to 25% of their business—some say the demands the retailer is making are impossible to meet and would nearly wipe out all of their profits there anyway. Furthermore, as some have noted, changing wholesale terms with Amazon, could present a legal issue. Although co-op deals can be varied and private, publishers are prevented by the Robinson-Patman Act from favoring one account over another with notably different wholesale terms. (It was the broad discrepancy in discount terms among accounts that led the ABA to sue Barnes & Noble and Borders in the 1990s.)”
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