The Plaintiff is an independent print on demand (“POD”) publishing company. “Print on demand” refers to both a printing technology and business process in which copies of a book are only printed when an order has been received from a consumer or retail bookseller, and only the number of books that have been ordered are printed.
The Complaint alleges that Amazon has instituted a policy that effectively forces POD publishers to print their books through Amazon’s in-house printing subsidiary (“BookSurge”) in order for those books to be sold by Amazon. The Complaint charges that Plaintiff and other POD publishing companies have been and will be damaged as a result of this allegedly anticompetitive practice.
On August 26, 2009, the Court denied defendants' motion to dismiss the Complaint. The parties are now proceeding with discovery.