Law360: Book Publishers Say DOJ Hasn’t Shown Harm To Authors

Attorneys for Penguin Random House and Simon & Schuster delivered closing arguments last week in the US Department of Justice’s trial seeking to block a proposed merger between the two publishers. Daniel M. Petrocelli, who represents Penguin, contended that the DOJ “retreated significantly” from its argument that the deal would reduce compensation for anticipated best-selling authors. “That shows a general directional effect, but isn’t proof of harm, let alone substantial harm,” Petrocelli said. “The government has not come close.” Penguin is represented by Petrocelli, M. Randall Oppenheimer, Andrew Frackman, Abby F. Rudzin, Jonathan Hacker, Courtney Dyer, and Julia Schiller of O’Melveny & Myers LLP.

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