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Stephen King to testify for U.S. government in publisher merger trial

The government plans to show that the deal between the merging parties might not be legal

August 2, 2022 5:30am

Updated: August 2, 2022 12:30pm

Stephen King is expected to testify on behalf of the Justice Department in federal court in a trial that will determine whether two book publishers can legally merge. 

Penguin Random House, one of the largest book publishers in America, planned to buy rival Simon and Schuster in November 2020. However, in November 2021, the DOJ sued to block the $2.2 billion merger of renowned book publishers, claiming that such a move would give one company a deciding role in which books are published in the U.S. 

The government argues that a merger of two of the “Big Five” book publishers would create a large company that would ultimately leave readers with fewer book options.  

“The evidence will show that the proposed merger would likely result in authors of anticipated top-selling books receiving smaller advances, meaning authors who labor for years over their manuscripts will be paid less for their efforts,” DOJ lawyers wrote in a pre-trial brief. 

The government also plans to show that the deal between the merging parties might not be legal. 

“I’m pretty sure the Department of Justice wouldn’t allow Penguin Random House to buy us, but that’s assuming we still have a Department of Justice,” Simon & Schuster CEO Jonathan Karp wrote in a previously disclosed email that the DOJ plans to use as evidence.

The publishers are fighting the lawsuit with lawyer Daniel Petrocelli, who defeated the Trump administration’s 2018 bid to stop AT&T from buying Time Warner. 

The defense claims that the merger will help make the book industry more competitive and could lead to benefits for readers and book authors. 

King, author of “Carrie” and “The Shining,” is scheduled to testify on Tuesday for the Justice Department. His works are published by Simon & Schuster. 

Other industry experts are also expected to testify during the trial, including Hachette Book Group Chief Executive Officer Michael Pietsch. The trial is expected to last three weeks and will be overseen by Judge Florence Pan of the U.S. District Court for the District of Columbia. 

The top five book publishers in the U.S. are Penguin Random House, HarperCollins, Macmillan, Simon & Schuster, and Hachette, along with Walt Disney Co. and Amazon.