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A country-by-country guide to book pricing in Europę

(Background paper distributed at conference on “Fixed andfree prices in European bool< markets", January 29 and 30, 1998)

Austria - The system currently in force in Austria involves a fixed price which is set by the Publisher and applied in accordance with a codę of trade to which both publishers and booksellers have signed up (they are brought together in a single association, the Hauptverband des Oster-reichischen Buchhandcls). This codę is rccog-nised in law as a permitted exception to the “Law on competition” [= Monopolies Act] in a manner substantially analogous to that currently in force in Germany.

Belgium - There is no fixed price system in Bel-gium, and the book trade uses the free price system. At the end of 1995 a bill to introduce the fixed price system was presented on the initiative of Senator M. Caluwć and others. Under this bill:

•    The price set by the publisher remains fixed for two years after publication; only after this period does the publisher have the righr to set a lower selling price.

•    The actual retail selling price must lie between 95% and 100% of the price set by the publisher.

•    Under Article 9, the bill calls for Article 2 of the Act of 5 August 1991 on the protection of economic competition not to be applied to book pricing law.

Denmark - The system in force in Denmark is that of a fixed price set by the publisher and accepted by means of an agreement between the booksellers’ and publishers’ associations sińce 1830. This agreement was called into question on the basis of the principle of free competition, but on 1 July 1988 the Antitrust Authority exempted publishing from the generał prohibi-tion on imposing fixed prices. The price set remains so for the year of publication and the successive calendar year. Only after that datę does it cease to be a set price and becomes instead a recommended price, which the book-seller is free to adhere to, reduce or increase. Books supplied to schools and libraries are excluded from this rule. Under the agreement the bookseller is authorised to allow discounts in addition to the recommended scalę of discounts.

Finland - The fixed pricing system was abolished in 1970. This was replaced by a .system of recom-mciuled prices which are uscd lt> calculate ruyal-ties and discounts. The major bookshops sell books at lower prices than those recommended by the publishing companies while the smaller bookshops sell at a higher price than the recommended price (approximately 5% morę). There are no plans to make changes to this book pricing system. Furthermore, even if fixed pricing were to be reintroduced the guideline is not to apply it to schoolbooks.

France - In France, after a brief period when there was a free pricing system (between 1979 and 1981), the book trade returned to fixed pricing under the Act no. 81/766 of 10 August 1981 (also known as the “Lang Law”); the book sale price is fixed by the publisher and shown on tjje cover.

Retail booksellers have to apply an actual selling price lying between 95% and 100% of the price fixed by the publisher or the importer. This sales legislation does not apply to the “major consumers” in both the public and the private sector, nor to the associations governed by the Act of l July 1901; it is permissible to sell to these last at a discount established on the basis of individual ad hoc agreements between sellers and clients. With regard to direct sales the fixed price cannot be modified for at least the first nine months after publication of the first edition. Retailers can apply prices lower than those indi-cated after two years have elapsed sińce publication, and on condition that the last reprint dates from at least six months earlier.

Germany - The fixed price system is in force in

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