Here’s why the Authors Guild’s antitrust claim against Amazon is doomed

The ongoing battle that the Authors Guild has been waging against Amazon escalated this week, as the group made a formal request to the Department of Justice that it investigate the company for monopolistic practices and anti-competitive behavior. The Guild has been pushing this case for some time, along with a number of other groups representing authors and publishers, arguing that Amazon controls a giant chunk of the e-book market, and that it has been using this power for evil instead of good.

In a letter that the Guild sent to the DoJ recently supporting its request, the group lays out the core of its argument, and the key point that its case will hinge on: It says that even if Amazon’s behavior leads to lower prices for books, this shouldn’t be the department’s only concern. Instead, the Guild says that the regulator should look at how Amazon’s anti-competitive tactics affect society as a whole.

In a section of the letter that refers to the recent decision that found Apple guilty of conspiring with book publishers to raise e-book prices, the Guild warns the DoJ about “the long-term dangers of interpreting antitrust law solely to favor low book prices.” The court, it says, took a “narrow view of antitrust law, assuming that low book prices to consumers trump all, even if the low prices are artificial loss leaders intended to lure buyers into a single company’s shopping platform.” Instead, the Guild says:

Note: This was originally published at Fortune, where I was a senior writer from 2015 to 2017

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The attention economy and the ongoing implosion of traditional media

There are signs of it everywhere, if you look closely. A streaming-video service that many older Internet users have probably never heard of sells for $1 billion. Facebook buys WhatsApp for a mind-boggling $19 billion. And a YouTube video creator with a ridiculous name makes an estimated $7.5 million per year and has close to 40 million subscribers.

In a nutshell, the media world as we know it (or used to know it) is in a state of flux unlike anything we’ve seen before—and that includes the invention of television itself. Many mainstream media companies, meanwhile, are still trying to come to grips with the concept of “cord cutting,” which is a little like worrying about a flat tire on your bicycle when you are stuck in the middle of a 12-lane highway.

David Pakman, former CEO of eMusic and now a partner with venture capital firm Venrock, did a good job of sketching out the shifting media landscape in a recent piece he published on Medium, in which he took a look at where Internet and mobile users, and particularly millennials, are spending their attention.

Note: This was originally published at Fortune, where I was a senior writer from 2015 to 2017

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