US begins court battle against Penguin Random House's merger with rival

The government and publishing titan Penguin Random House exchanged opening salvos in a federal antitrust trial Monday as the US seeks to block the biggest US book publisher from absorbing rival Simon & Schuster. The case comes as a key test of the Biden administration's antitrust policy.

The Justice Department has sued to block the $2.2 billion merger, which would reduce the Big Five US publishers to four.

The government's star witness, bestselling author Stephen King, is expected to testify at Tuesday's session of the weekslong trial in US District Court in Washington, DC King's works are published by Simon & Schuster.

At Monday's opening session, opposing attorneys for the two sides presented their cases before US District Judge Florence Pan.

Justice Department attorneys called the merger presumptively wrong because it would shrink competition and, inevitably, the vital public discourse that books help engender. Penguin Random House countered that the new company would enhance competition because the combined company could turn out books more efficiently.

The government contends that it would hurt authors and, ultimately, readers if German media titan Bertelsmann, of which Penguin Random House is a division, is allowed to buy Simon & Schuster, the fourth-largest publisher, from U.S. media and entertainment company Paramount Global. It says the deal would thwart competition and give Penguin Random House gigantic influence over which books are published in the U.S., likely reducing how much authors are paid and giving consumers fewer books to choose from.

The publishers counter that the merger would strengthen competition among publishers to find and sell the hottest books, by enabling the combined company to offer bigger advance payments and marketing support to authors. It would benefit readers, booksellers and authors, they say.

The two New York-based publishers have impressive stables of blockbuster authors, who've sold multiple millions of copies and have scored multimillion-dollar deals. Within Penguin Random House's constellation are Barack and Michelle Obama, whose package deal for their memoirs totaled an estimated USD 65 million, Bill Clinton, who received USD 15 million for his memoir, Toni Morrison, John Grisham and Dan Brown.

Simon & Schuster counts Hillary Clinton, who received USD 8 million for her memoir, Bob Woodward and Walter Isaacson. And King.

Bruce Springsteen splits the difference: His Renegades: Born in the USA, with Barack Obama, was published by Penguin Random House; his memoir, by Simon & Schuster.