Term and significance of fixed book pricing
Fixed book pricing is a central element of market regulation in the German book market. It governs pricing for books and aims to ensure nationwide access to books for the population as well as to maintain the diversity of publishers and bookstores. Fixed book pricing obliges all publishers and importers to set a fixed retail price (end customer price) for books published in Germany, which all retailers must adhere to. The legal framework is established primarily by the Buchpreisbindungsgesetz (BuchPrG).
Legal sources of fixed book pricing
Statutory foundations
The foundation for fixed book pricing in Germany is the Buchpreisbindungsgesetz (BuchPrG), which came into force on October 1, 2002. The law applies to printed and electronic books, sheet music, and cartographic products as well as certain related products. The most important statutory regulations include:
- § 3 BuchPrG – Fixed price obligation: This law requires publishers and importers to set a fixed price for books for sales to final consumers in Germany.
- § 5 BuchPrG – Obligated entities: The prices are binding for all dealers who sell books commercially to end customers.
- § 8 BuchPrG – Exceptions: The law provides certain exceptions to fixed pricing (e.g., for used books, defective copies, or school-related deliveries to public institutions).
Further regulations
In addition to the BuchPrG, the following provisions are relevant:
- Act Against Restraints of Competition (GWB): Fixed pricing is an exception to the general ban on cartels (§ 1 GWB), but is treated by the legislator as a permissible exception.
- EU law: The BuchPrG is consistent with European competition rules, although individual cross-border issues concerning fixed pricing must be examined on a case-by-case basis.
Scope of application of fixed book pricing
Material scope of application
Fixed book pricing applies to:
- Books (printed works with text)
- Sheet music
- Cartographic works
- E-books and certain audiobooks (provided they qualify as books within the meaning of the law)
Personal scope of application
The fixed pricing affects all commercial or business book retailers and dealers in Germany, regardless of whether they operate in-store or online.
Territorial scope
The BuchPrG applies to all books intended for sale to end customers in Germany, even if produced abroad. The regulations also apply to foreign book importers once books are sold in Germany.
Duties and rights of the parties involved
Publisher and importer
Publishers and importers are obliged to set the end customer price. They must publish this price in the “Verzeichnis Lieferbarer Bücher” (VLB) and communicate it in a binding manner to all retailers.
Book trade
Book retailers are legally required to sell books exclusively at the fixed retail price. Discounts, rebates, or special offers are only permitted in legally regulated exceptional cases.
End customers
End customers, i.e. private or commercial buyers, benefit from the protection of fixed pricing, as they will find identical prices for new books throughout Germany.
Exceptions and special rules
The BuchPrG provides for exceptions to fixed book pricing, in particular:
- Used books: Fixed pricing does not apply to books that have already been used.
- Defective copies: Books with external defects may be excluded from fixed pricing if they are marked as such.
- School books: Special conditions apply for certain deliveries to public institutions or in the context of bulk orders.
- Remainders: Returns that have already been delivered to the book trade may be sold outside of fixed book pricing.
Legal consequences of violations of fixed book pricing
Violations of the BuchPrG, such as the unauthorized granting of discounts, result in civil law sanctions. Affected competitors and associations (e.g., Börsenverein des Deutschen Buchhandels) may issue warnings, file injunctive relief claims, and, if applicable, assert claims for damages. Enforcement is primarily under civil law; in some cases, fines may also be imposed.
Economic and social objectives of fixed book pricing
Fixed book pricing is intended to ensure fair competition, support the continued existence of a diverse publishing and book retail landscape, and maintain access to books even outside metropolitan areas. It counters concentration in the book trade, protects smaller providers from ruinous price competition, and thus contributes to cultural diversity.
European and international aspects
Comparative law
Fixed book pricing is not uniformly regulated throughout Europe. Comparable regulations exist in individual countries such as Austria, France, Spain, Italy, and the Netherlands. In other countries, especially in the Anglo-American world, fixed book pricing has largely been abolished.
Relations to the single market
Fixed book pricing is considered a market regulating measure compatible with the principles of the European single market, provided it is proportionate and serves legitimate public interests such as the promotion of education and culture.
Bibliography and further sources
References and further literature on the Buchpreisbindungsgesetz can be found, among other places, in the Bundesgesetzblatt, relevant commentaries, and the publications of the Börsenverein des Deutschen Buchhandels.
Note: This presentation provides a general overview of the legal foundations of fixed book pricing in Germany and examines all relevant legal aspects in a comprehensive and fact-based manner.
Frequently asked questions
Does fixed book pricing also apply to e-books and audiobooks?
Yes, fixed book pricing according to the Buchpreisbindungsgesetz (BuchPrG) extends not only to printed books, but also, in principle, to electronic books (e-books) and certain editions of audiobooks, provided these correspond in substantial volume to the printed work and are offered on the German market. Decisive is that these are goods customary for publishers or book retailers (§ 2 para. 1 BuchPrG). E-books, as long as they are original works or translations and have an ISBN, fall within the law’s scope. For audiobooks, this applies if they are published not only as purely music CDs but actually as complete readings or adaptations of a book. Software, pure calendars, or pure music recordings, for example, are not subject to fixed pricing. Sales abroad are not subject to fixed pricing, but sales to German end consumers with a delivery address in Germany are.
Do foreign publishers also have to observe fixed book pricing in Germany?
If a foreign publisher distributes books directly to end customers or intermediaries in Germany, it is subject to the German Buchpreisbindungsgesetz. This applies regardless of the publisher’s location, as long as the works are offered to the German market and delivered to Germany. Foreign online shops that target German customers with their books are also required to comply with the prices set by the publisher. Special editions by publishers and imports not intended specifically for distribution on the German market or where no price has been set may fall under exceptions. However, the decisive factor is primarily the actual intended purpose for the German market.
How long must the fixed retail price be maintained?
The retail price set by the publisher or importer is binding according to § 5 BuchPrG for at least 18 months after the book is first offered on the German market. Within this period, the set price may not be changed either upward or downward. After the 18 months have passed, the price can be voided or changed. However, the seller remains obliged to adhere to the applicable price until a possible price cancellation by the publisher. Antiquarian books, remaining stock, and defective copies may be exempted from fixed pricing according to the relevant rules of the BuchPrG, provided these are correctly marked.
Are there exceptions to fixed book pricing, such as for promotions or discounted purchases?
The Buchpreisbindungsgesetz only provides very narrowly defined exceptions. Discounts are allowed when selling to public libraries, certain educational institutions, or to large purchasers in the framework of a set discount system (§ 7 BuchPrG). In the case of sales promotions such as “3 for 2” offers, extras, bonus programs or vouchers, extreme caution is required: these must not in effect undercut the final price. Price discounts, special promotions or underpriced bundles that circumvent the fixed retail price are expressly prohibited. Quantity discounts for end consumers are also not permitted. However, discounts for damaged (defective copies) or books declared as antiquarian are allowed.
What sanctions are possible for violations of fixed book pricing?
Violations of fixed book pricing can result in competition law claims for injunction by competitors, publishers, or entitled associations (such as Börsenverein des Deutschen Buchhandels). This can lead to cease-and-desist letters that incur costs, preliminary injunctions, and court cases. Furthermore, the responsible price maintenance trustee may impose contractual penalties. Repeat or intentional infringements may entail considerable financial consequences and compensation claims. Compliance with fixed book pricing is regularly monitored, especially in online trade.
What is the situation with price fixing for school books and academic books?
For school books, there is a special regulation under § 7 para. 3 BuchPrG. They are subject to fixed book pricing regardless of whether they are sold to schools, teachers, or students. The fixed pricing must be observed particularly strictly here, whereby discounts or benefits are generally excluded. For academic books, the general rules apply; here too, no exceptions for discounts to educational institutions are provided—except for libraries or comparable institutions, as permitted under statutory exceptions.
May the publisher subsequently change the fixed retail price?
During the fixed price period, the publisher may adjust the set price upward or downward, but in practice, price reductions generally occur after the minimum binding period of 18 months. Any price change must be made public, usually by notification to the Verzeichnis Lieferbarer Bücher (VLB) and to the book trade (§ 5 BuchPrG). After notification, the new price is binding for all dealers from the specified date. Subsequent changes outside the statutory provisions or improperly published price changes are ineffective and may be subject to warning.
