After Loss, Fight to Label Modified Food Continues

LOS ANGELES — Advocates for the labeling of genetically modified food vowed to carry their fight to other states and to the federal government after suffering a defeat in California on Tuesday.

A ballot measure that would have made California the first state in the nation to require such labeling was defeated, 53.1 percent to 46.9 percent. Support for the initiative, which polls said once was greater than 60 percent, crumbled over the last month under a barrage of negative advertisements paid for by food and biotechnology companies.

The backers of the measure, known as Proposition 37, said on Wednesday that they were encouraged it had garnered 4.3 million votes, even though they were outspent about five-to-one by opponents. They are now gathering signatures to place a similar measure on the ballot in Washington State next year.

Declaring that more than four million Californians are “on record believing we have a right to know what is in our food,” Dave Murphy, co-chairman of the Proposition 37 campaign and executive director of Food Democracy Now!, an advocacy group, said on Wednesday: “We fundamentally believe this is a dynamic moment for the food movement and we’re going forward.”

Still, there is no doubt the defeat in California has robbed the movement of some momentum. Until Tuesday’s vote, labeling proponents had been saying that a victory in California, not a defeat, would spur action in other states and at the federal level.

The defeat greatly reduces the chances that labels will be required, according to L. Val Giddings, a senior fellow at the Information Technology and Innovation Foundation, a Washington organization supporting policies that favor innovation. “I see little potential that the defeat in California could result in any increase in pressure for labels. ”

Dr. Giddings, who is a supporter of biotech crops, said it would now be more difficult for labeling proponents to raise money. “What justification can they present to their funders to pour more money down this drain?” he said.

The election in California was closely watched because it had national implications. It could have led to a reduction in the use of genetically modified crops, which account for more than 80 percent of the corn, soybeans and sugar beets grown in the United States. That is because food companies, fearing that some consumers would shun products labeled genetically engineered, would instead reformulate their products to avoid such ingredients.

With so much at stake, food and biotechnology companies amassed $46 million to defeat the measure, according to MapLight, an organization that tracks campaign contributions. Monsanto, the largest supplier of genetically engineered seeds, contributed $8.1 million. Kraft Foods, PepsiCo and Coca-Cola each contributed at least $1.7 million.

The backers of Proposition 37 raised only $9.2 million, mainly from the organic and natural foods business.

The proponents argued that people have a right to know what is in their food. They said that genetically engineered crops have not been adequately tested and that dozens of countries require labeling.

The Food and Drug Administration does not require labeling of a food just because it is genetically modified, saying there is no material difference between such foods and their conventional counterparts.

The big food and biotechnology companies argued that numerous expert reviews have shown the crops to be safe. For the most part, they did not directly attack the notion of consumers’ right to know. Rather they said Proposition 37 was worded in a way that would lead to red tape, increases in food prices and numerous lawsuits against food companies and supermarkets.

Some backers of labeling will shift their focus to Washington, hoping to get the F.D.A. to change its mind and require labeling.

“We think that attention is now going to shift back to Washington, with a whole lot more to discuss and a whole lot more people interested,” said Gary Hirshberg, the chairman of Stonyfield, an organic yogurt company.

Mr. Hirshberg is also chairman of Just Label It, a group that submitted a petition with more than one million signatures to the F.D.A. asking it to require labeling. So far, however, the F.D.A. has shown little propensity to overturn its policy. And bills in Congress to require labeling have failed to gain much support.

Proposition 37 has no doubt raised awareness, however, which might prompt some consumers to seek foods that do not contain genetically engineered ingredients.

“Everything you buy in the grocery is a vote,” said Sara Hadden of Hermosa Beach, who organized street-corner rallies in favor of Proposition 37. “That’s the vote that really counts.”

One question is whether food firms, having narrowly escaped a disruption of their business on Tuesday, will make changes on their own — like voluntarily labeling or reducing their use of genetically modified crops.

If that is being considered, the food companies are not letting on. In a statement Wednesday, the Grocery Manufacturers Association, which represents big food companies, called the defeat of Proposition 37 “a big win for California consumers, taxpayers, businesses and farmers.”

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China Prepares for Party Congress and Leadership Transition

Diego Azubel/European Pressphoto Agency

Soldiers marched past the Great Hall of the People in Beijing on Wednesday, on the eve of the 18th Communist Party Congress.

BEIJING — China’s Communist Party leader, Hu Jintao, defended his decade in power on Thursday and warned that the country faced stark challenges at home and abroad. He spoke at the start of a congress that will culminate in his retirement and the appointment of a new generation of leaders after a transition marked by scandal and anxiety about the party’s future.

Mr. Hu told the ranks of party-picked delegates assembled in the Great Hall of the People that China faced a period of major change and “complicated domestic and international circumstances.” Seated near him was his presumed successor, Xi Jinping, who is all but certain to take over as party chief after the congress ends next week and to take the reins as president in March.

Mr. Xi has privately signaled that he is aware of increasingly urgent calls from economists, intellectuals and some party insiders for a new round of market liberalization and even measured political relaxation to cure what they see as a deepening economic and social malaise. Mr. Hu acknowledged the problems facing the party, including corruption, but avoided specific mention of the scandals that have blighted his final year in power.

“Currently, the conditions of the world, the country and the party are continuing to undergo profound changes,” he said, reading from excerpts from his report to the party congress, which convenes every five years.

“We are confronting unprecedented development opportunities and challenges,” he said, adding, “The gap between rich and poor is growing.”

While acknowledging that China’s wealth remains unbalanced among regions and unequally distributed, Mr. Hu told the congress that his decade as top leader had brought robust economic growth and the makings of a “moderately prosperous society.”

“Over the past five years, there have been major achievements in every aspect of work,” he said. “Reform and opening up have gained major advances, and the people’s standard of living has clearly risen.”

Mr. Hu’s congress report is a major part of the public ceremony that accompanies China’s leadership transitions. But the real decisions about who will succeed him and his cohorts have been made in secretive negotiations involving senior officials and party elders.

In a show of unity, Mr. Hu earlier entered the assembly hall accompanied by the dominant party elder, former President Jiang Zemin, who shuffled gingerly to his seat. But party insiders have said Mr. Jiang, 86, played a major role in shaping the next leadership circle and voiced frustration with the record of Mr. Hu and Prime Minister Wen Jiabao.

Contrary to some observers’ predictions, Mr. Hu did not play down the founder of the People’s Republic of China, Mao Zedong, whose revolutionary heritage sits increasingly awkwardly with urban middle-class wealth and values. Mr. Hu also repeatedly mentioned the phrases “scientific development” and a “harmonious society,” which he has used to sum up his goals of a stable society under firm party control.

Officially, the new leadership team is to be selected in the coming week by the 2,268 delegates to this congress, the 18th in the party’s 91-year history. In fact, much of what will go on during the congress has already been decided. The delegates are voted on by lower-ranking members but based on guidance provided by higher-ups, a process known as “democratic centralism.”

Mr. Hu repeated vows of “political system reform” in his report to the congress. But officials have made clear that the party’s notions of political change do not embrace any idea of full-fledged electoral democracy.

On the contrary, at a news conference on Wednesday, the congress’s spokesman and deputy head of Communist Party propaganda, Cai Mingzhao, defended China’s current system.

“The leading position of the Communist Party in China is a decision made by history and by the people,” Mr. Cai said.

Still uncertain is who will be standing next to Mr. Xi when the top leadership is presented in a week. This group, known as the Politburo’s Standing Committee, essentially runs China. According to plan, it will include Mr. Xi and Li Keqiang, who is expected to take over as head of the government bureaucracy next year. Both men are current members of the Standing Committee.

It is also unclear how many members the committee will have. It now has nine posts and is expected to be cut to seven.

Nor has Mr. Hu indicated when he will give up his post as chairman of the Central Military Commission, which gives him continued influence over Mr. Xi’s policies and personnel choices.

In his report, Mr. Hu lauded China’s growing military strength, promising to continue modernizing the People’s Liberation Army forces, and calling them a defender of peace, a point sure to be questioned by regional neighbors, including Japan, that are embroiled in territorial disputes with Beijing.

Mr. Cai, the spokesman, also said the party had learned from the scandals surrounding two high-ranking officials: Bo Xilai, the former Politburo member, and Liu Zhijun, the former railway minister. Both have been accused of corruption, and Mr. Bo is also accused of covering up the murder of a British businessman. Mr. Hu did not refer explicitly to Mr. Bo in his report, but said corrupt officials should be punished “no matter how high or low in rank.”

This article has been revised to reflect the following correction:

Correction: November 7, 2012

An earlier version of this article gave an incorrect number for the delegates to China’s 18th Communist Party Congress. There are 2,268 delegates, not 2,280.

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Apple slides to five-month low, uncertainty grows

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Wade, James lift Heat past Nets, 103-73

MIAMI (AP) — In 25 seasons of Miami Heat basketball, the club had never won its first four home games of any season.

That is, until now.

And the Heat are making it look easy.

Dwyane Wade scored 22 points on 10 for 14 shooting, LeBron James finished two assists shy of a triple-double and the Heat clamped down defensively again to beat the Brooklyn Nets 103-73 on Wednesday night.

Miami scored 31 points off Brooklyn turnovers, and starting with the final minute of the first half, the Heat outscored the Nets 57-32.

"When we get stops, we're going to break open a lot of games because we can score," James said. "So that's the No. 1 key."

James had 20 points and 12 rebounds in only 30 minutes, and Rashard Lewis came off the bench to score 13 points on 6 for 9 shooting for the Heat (4-1). Miami — which plays its next six games on the road — has won its four home games by an average of 17.8 points.

Kris Humphries had a double-double by halftime, then was silent in the second half and finished with 11 points and 11 rebounds for the Nets (1-2). Deron Williams scored 14 for Brooklyn, which got 12 off the bench from MarShon Brooks.

"It was just an off-night because we had a lot of open looks," said Nets guard Joe Johnson, who finished 4 for 14 with nine points. "I know I did and I missed a few myself. Other than that it was just shots that we normally make that we didn't make tonight. Against a good team like Miami, you have to make them pay."

Miami started 3-0 at home in four other seasons, always falling in the fourth game. Not this time. The Nets held the lead four times in the opening quarter, but all by one point and lasting a total of 2:33.

Other than that, all Miami. The Heat started 3 for 12 from 3-point range, then made seven of their last 12, giving them 40 makes from beyond the arc in their last three games.

"They're tough when you're turning the ball over," Nets coach Avery Johnson said. "I thought there were times when we got our half-court defense set that we were decent. We got the ball out of LeBron's hands some, out of Wade's hands some, but then we didn't recognize their shooters and their shooters made shots tonight."

The Heat shot 52 percent, holding New Jersey to 38 percent. Miami finished with 25 assists and 12 turnovers; New Jersey finished with 12 assists and 19 turnovers.

"It was good to see another game, sub-40 percent," Heat coach Erik Spoelstra said. "Our guys were, for the most part, committed to try to make an impact on that side of the floor."

Brooklyn didn't lose sight of Miami in the first half, still being within five with less than a minute remaining until the break, before the Heat got late scores from Wade and James to take a 50-41 edge into the locker room.

And as was the case against Phoenix (with a 23-6 run) on Monday, the Heat used the third quarter as the springboard.

It was a 54-46 game after Keith Bogans made a 3-pointer for Brooklyn early in the third, but after that, all Heat. Miami needed just 91 seconds to put together a 10-0 run — two baskets by Wade started it, and 3-pointers from Shane Battier and Mario Chalmers finished it, putting the Heat up 64-46.

"We know there's going to be moments when you're not going to be able to shoot the ball as well as you want to," Wade said. "It averages out for this team. ... That's why you have to be a good defensive team to be successful in this league."

The outcome was never again in doubt. Chalmers extended the lead to 20 when he sliced down the lane for a nifty layup with 3:45 left in the third, and James made a stepback 3-pointer as time was running out in the period for what was then Miami's largest lead, 79-56.

By then, the only drama was whether James would get his 33rd regular-season triple-double, which would have been his first since March 29, 2011.

Instead, he remained on the bench in the fourth, the Heat comfortably ahead the whole way.

"One, I didn't know," Spoelstra said. "Two, that's not the time to put him back in. We're thinking big picture."

NOTES: Wade sent his mother, Jolinda, flowers during a second-quarter timeout as a video message played on the overhead scoreboards. ... The Nets were without Gerald Wallace, who missed his second straight game with a sprained left ankle. Brooklyn is hoping he may be able to do more before its game Friday at Orlando. ... Heat F Udonis Haslem was poked in the left eye in the first half, dropping to his knees in pain when he got hit but staying in the game. ... Wade drew laughter after the morning shootaround, pretending he was miffed about Nets part-owner Jay-Z not attending the meeting when the team tried wooing him as a free agent in 2010 — but that the rapper appeared in person for James' sit-down that summer with the team. "True," James said.

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DealBook: On Wall Street, Time to Mend Fences With Obama

Del Frisco’s, an expensive steakhouse with floor-to-ceiling windows overlooking the Boston harbor, was a festive scene on Tuesday evening. The hedge fund billionaires Steven A. Cohen, Paul Singer and Daniel Loeb were among the titans of finance there dining among the gray velvet banquettes before heading several blocks away to what they hoped would be a victory party for their presidential candidate, Mitt Romney.

The next morning was a cold, sobering one for these executives.

Few industries have made such a one-sided bet as Wall Street did in opposing President Obama and supporting his Republican rival. The top five sources of contributions to Mr. Romney, a former top private equity executive, were big banks like Goldman Sachs and JPMorgan Chase, according to the Center for Responsive Politics. Wealthy financiers — led by hedge fund investors — were the biggest group of givers to the main “super PAC” backing Mr. Romney, providing almost $33 million, and gave generously to outside groups in races around the country.

On Wednesday, Mr. Loeb, who had supported Mr. Obama in 2008, was sanguine. “You win some, you lose some,” he said in an interview. “We can all disagree. I have friends and we have spirited discussions. Sure, I am not getting invited to the White House anytime soon, but as citizens of the country we are all friendly.”

Wall Street, however, now has to come to terms with an administration it has vilified. What Washington does next will be critically important for the industry, as regulatory agencies work to put their final stamp on financial regulations and as tax increases and spending cuts are set to take effect in the new year unless a deal to avert them is reached. To not have a friend in the White House at this time is one thing, but to have an enemy is quite another.

“Wall Street is now going to have to figure out how to make this relationship work,” said Glenn Schorr, an analyst who follows the big banks for the investment bank Nomura. “It’s not impossible, but it’s not the starting point they had hoped for.”

Traditionally, the financial industry has tended to support Republican candidates, but, being pragmatic about power, has also donated to Democrats. That script got a rewrite in 2008, when many on Wall Street supported Mr. Obama as an intelligent leader for a country reeling from the financial crisis. Goldman employees were the leading source of campaign donations for Mr. Obama, who reaped far more contributions — roughly $16 million — from Wall Street than did his opponent, John McCain.

The love affair between Wall Street and Mr. Obama soured soon after he took office and championed an overhaul in financial regulations that became the Dodd-Frank Act.

Some financial executives complained that in meetings with the president, they found him disinterested and disengaged, while others on Wall Street never forgave Mr. Obama for calling them “fat cats.”

The disillusionment with the president spawned reams of critical commentary from Wall Street executives.

“So long as our leaders tell us that we must trust them to regulate and redistribute our way back to prosperity, we will not break out of this economic quagmire,” Mr. Loeb wrote in one letter to his investors.

The rhetoric at times became extreme, like the time Steven A. Schwarzman, co-founder of the private equity firm Blackstone Group, compared a tax proposal to “when Hitler invaded Poland in 1939.” (Mr. Schwarzman later apologized for the remark.)

Mr. Loeb was not alone in switching allegiances in the recent presidential race. Hedge fund executives like Leon Cooperman who had supported Mr. Obama in 2008 were big backers of Mr. Romney in 2012. And Wall Street chieftains like Jamie Dimon of JPMorgan Chase and Lloyd C. Blankfein of Goldman Sachs, who have publicly been Democrats in the past, kept a low profile during this election. But their firms’ employees gave money to Mr. Romney in waves.

Starting over with the Obama White House will not be easy. One senior Wall Street lawyer who spoke on condition of anonymity said Wall Street “made a bad mistake” in pushing so hard for Mr. Romney. “They are going to pay a price,” he said. “It will soften over time, but there will be a price.”

Mr. Obama is not without supporters on Wall Street. Prominent executives like Hamilton James of Blackstone, and Robert Wolf, a former top banker at UBS, were in Chicago on Tuesday night, celebrating with the president.

“What we learned is the people on Wall Street have one vote just like everyone else,” Mr. Wolf said. Still, while the support Wall Street gave Mr. Romney is undeniable, Mr. Wolf said, “Mr. Obama wants a healthy private sector, and that includes Wall Street.

“If you look at fiscal reform, infrastructure, immigration and education, they are all bipartisan issues and are more aligned than some people make it seem.”

Reshma Saujani, a former hedge fund lawyer who was among Mr. Obama’s top bundlers this year and is planning to run for city office next year, agreed.

“Most people in the financial services sector are social liberals who support gay marriage and believe in a woman’s right to choose, so I think many of them will swing back to Democrats in the future,” she said.

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This post has been revised to reflect the following correction:

Correction: November 8, 2012

An earlier version of this article misidentified Reshma Saujani as a male.

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Alarm Over India’s Dengue Fever Epidemic

Enrico Fabian for The New York Times

A man at the Yamuna River, an ideal breeding ground for mosquitoes. Filthy standing water abounds in New Delhi. More Photos »

NEW DELHI — An epidemic of dengue fever in India is fostering a growing sense of alarm even as government officials here have publicly refused to acknowledge the scope of a problem that experts say is threatening hundreds of millions of people, not just in India but around the world.

India has become the focal point for a mosquito-borne plague that is sweeping the globe. Reported in just a handful of countries in the 1950s, dengue (pronounced DEN-gay) is now endemic in half the world’s nations.

“The global dengue problem is far worse than most people know, and it keeps getting worse,” said Dr. Raman Velayudhan, the World Health Organization’s lead dengue coordinator.

The tropical disease, though life-threatening for a tiny fraction of those infected, can be extremely painful. Growing numbers of Western tourists are returning from warm-weather vacations with the disease, which has reached the shores of the United States and Europe. Last month, health officials in Miami announced a case of locally acquired dengue infection.

Here in India’s capital, where areas of standing water contribute to the epidemic’s growth, hospitals are overrun and feverish patients are sharing beds and languishing in hallways. At Kalawati Saran Hospital, a pediatric facility, a large crowd of relatives lay on mats and blankets under the shade of a huge banyan tree outside the hospital entrance recently.

Among them was Neelam, who said her two grandchildren were deathly ill inside. Eight-year-old Sneha got the disease first, followed by Tanya, 7, she said. The girls’ parents treated them at home but then Sneha’s temperature rose to 104 degrees, a rash spread across her legs and shoulders, and her pain grew unbearable.

“Sneha has been given five liters of blood,” said Neelam, who has one name. “It is terrible.”

Officials say that 30,002 people in India had been sickened with dengue fever through October, a 59 percent jump from the 18,860 recorded for all of 2011. But the real number of Indians who get dengue fever annually is in the millions, several experts said.

“I’d conservatively estimate that there are 37 million dengue infections occurring every year in India, and maybe 227,500 hospitalizations,” said Dr. Scott Halstead, a tropical disease expert focused on dengue research.

A senior Indian government health official, who agreed to speak about the matter only on the condition of anonymity, acknowledged that official figures represent a mere sliver of dengue’s actual toll. The government only counts cases of dengue that come from public hospitals and that have been confirmed by laboratories, the official said. Such a census, “which was deliberated at the highest levels,” is a small subset that is nonetheless informative and comparable from one year to the next, he said.

“There is no denying that the actual number of cases would be much, much higher,” the official said. “Our interest has not been to arrive at an exact figure.”

The problem with that policy, said Dr. Manish Kakkar, a specialist at the Public Health Foundation of India, is that India’s “massive underreporting of cases” has contributed to the disease’s spread. Experts from around the world said that India’s failure to construct an adequate dengue surveillance system has impeded awareness of the illness’s vast reach, discouraged efforts to clean up the sources of the disease and slowed the search for a vaccine.

“When you look at the number of reported cases India has, it’s a joke,” said Dr. Harold S. Margolis, chief of the dengue branch at the Centers for Disease Control and Prevention in Atlanta.

Neighboring Sri Lanka, for instance, reported nearly three times as many dengue cases as India through August, according to the World Health Organization, even though India’s population is 60 times larger.

Hari Kumar contributed reporting.

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Alarm Over India’s Dengue Fever Epidemic

Enrico Fabian for The New York Times

A man at the Yamuna River, an ideal breeding ground for mosquitoes. Filthy standing water abounds in New Delhi. More Photos »

NEW DELHI — An epidemic of dengue fever in India is fostering a growing sense of alarm even as government officials here have publicly refused to acknowledge the scope of a problem that experts say is threatening hundreds of millions of people, not just in India but around the world.

India has become the focal point for a mosquito-borne plague that is sweeping the globe. Reported in just a handful of countries in the 1950s, dengue (pronounced DEN-gay) is now endemic in half the world’s nations.

“The global dengue problem is far worse than most people know, and it keeps getting worse,” said Dr. Raman Velayudhan, the World Health Organization’s lead dengue coordinator.

The tropical disease, though life-threatening for a tiny fraction of those infected, can be extremely painful. Growing numbers of Western tourists are returning from warm-weather vacations with the disease, which has reached the shores of the United States and Europe. Last month, health officials in Miami announced a case of locally acquired dengue infection.

Here in India’s capital, where areas of standing water contribute to the epidemic’s growth, hospitals are overrun and feverish patients are sharing beds and languishing in hallways. At Kalawati Saran Hospital, a pediatric facility, a large crowd of relatives lay on mats and blankets under the shade of a huge banyan tree outside the hospital entrance recently.

Among them was Neelam, who said her two grandchildren were deathly ill inside. Eight-year-old Sneha got the disease first, followed by Tanya, 7, she said. The girls’ parents treated them at home but then Sneha’s temperature rose to 104 degrees, a rash spread across her legs and shoulders, and her pain grew unbearable.

“Sneha has been given five liters of blood,” said Neelam, who has one name. “It is terrible.”

Officials say that 30,002 people in India had been sickened with dengue fever through October, a 59 percent jump from the 18,860 recorded for all of 2011. But the real number of Indians who get dengue fever annually is in the millions, several experts said.

“I’d conservatively estimate that there are 37 million dengue infections occurring every year in India, and maybe 227,500 hospitalizations,” said Dr. Scott Halstead, a tropical disease expert focused on dengue research.

A senior Indian government health official, who agreed to speak about the matter only on the condition of anonymity, acknowledged that official figures represent a mere sliver of dengue’s actual toll. The government only counts cases of dengue that come from public hospitals and that have been confirmed by laboratories, the official said. Such a census, “which was deliberated at the highest levels,” is a small subset that is nonetheless informative and comparable from one year to the next, he said.

“There is no denying that the actual number of cases would be much, much higher,” the official said. “Our interest has not been to arrive at an exact figure.”

The problem with that policy, said Dr. Manish Kakkar, a specialist at the Public Health Foundation of India, is that India’s “massive underreporting of cases” has contributed to the disease’s spread. Experts from around the world said that India’s failure to construct an adequate dengue surveillance system has impeded awareness of the illness’s vast reach, discouraged efforts to clean up the sources of the disease and slowed the search for a vaccine.

“When you look at the number of reported cases India has, it’s a joke,” said Dr. Harold S. Margolis, chief of the dengue branch at the Centers for Disease Control and Prevention in Atlanta.

Neighboring Sri Lanka, for instance, reported nearly three times as many dengue cases as India through August, according to the World Health Organization, even though India’s population is 60 times larger.

Hari Kumar contributed reporting.

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Exclusive - Amazon to win EU e-book pricing tussle with Apple

BRUSSELS (Reuters) - European Union regulators are to end an antitrust probe into e-book prices by accepting an offer by Apple and four publishers to ease price restrictions on Amazon, two sources said on Tuesday.

That decision would hand online retailer Amazon a victory in its attempt to sell e-books cheaper than rivals in the fast-growing market publishers hope will boost revenue and increase customer numbers.

"Faced with years of court battles and uncertainty I can understand why some of these guys decided to fold their cards and take the whipping," said Mark Coker, founder of Smashwords, an ebook publisher and distributor that works with Apple.

"It's certainly another win for Amazon," he added. "I have not seen the terms of the final settlement, but my initial reaction is that it places restrictions on what publishers can do, slowing them down just when they need to be more nimble."

A spokesman at the EU Commission said its investigation was not yet finished. Amazon and Apple declined to comment.

In September, Apple and the publishers offered to let retailers set prices or discounts for a period of two years, and also to suspend "most-favored nation" contracts for five years.

Such clauses bar Simon & Schuster, News Corp. unit HarperCollins, Lagardere SCA's Hachette Livre and Verlagsgruppe Georg von Holtzbrinck, the owner of German company Macmillan, from making deals with rival retailers to sell e-books more cheaply than Apple.

The agreements, which critics say prevent Amazon and other retailers from undercutting Apple's charges, sparked an investigation by the European Commission in December last year.

Pearson Plc's Penguin group, which is also under investigation, did not take part in the offer.

The EU antitrust authority, which in September asked for feedback from rivals and consumers about the proposal, has not asked for more concessions, said one of sources.

"The Commission is likely to accept the offer and announce its decision next month," the source said on Tuesday.

Antoine Colombani, spokesman for competition policy at the European Commission, said: "We have launched a market test in September and our investigation is still ongoing."

Amazon declined to comment, while Apple did not respond to an email seeking comment.

Companies found guilty of breaching EU rules could be fined up to 10 percent of their global sales, which in Apple's case could reach $15.6 billion, based on its 2012 fiscal year.

AGGREGATE PRICING

UBS analysts estimate that e-books account for about 30 percent of the U.S. book market and 20 percent of sales in Britain but are minuscule elsewhere. When Amazon launched its Kindle e-reader, it charged $9.99 per book.

Apple's agency model let publishers set prices in return for a 30 percent cut to the maker of iPhone and iPad.

The U.S. Department of Justice is investigating e-book prices. HarperCollins, Simon & Schuster and Hachette have settled, but Apple, Pengin Group and Macmillan have not.

The DOJ settlement required that retailers must at least break even selling all ebooks from a publisher's available list, according to Coker and Joe Wikert, general manager and publisher at O'Reilly Media Inc.

It was not clear if EU regulators will include a similar requirement, which would prohibit Amazon from pricing all ebooks at a loss, said Wikert, a former publishing executive.

In the United States, Amazon will likely price popular titles at a loss and try to make up the difference on a publisher's other ebooks, he said.

Coker said any such rule could be dangerous in Europe, which still has distinct markets.

"It could allow a single retailer to charge full price in a large market like the U.K., and then sell below cost or for free in multiple smaller markets as a strategy to kill regional ebook retailing upstarts before they take root," Coker said.

FROWNING ON ONLINE TRADE CURBS

Antitrust regulators tend to frown on restrictions on online trade and the case is a good example, said Mark Tricker, a partner at Brussels-based law firm Norton Rose.

"This case shows the online world continues to be a major focus for the Commission," he said.

"These markets change very quickly and if you don't stamp down on potential infringements of competition rules, you can have significant consequences."

(Additional reporting by Alistair Barr in San Francisco; Editing by Rex Merrifield, David Goodman and David Gregorio)

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Loomis returns to Saints in unsettled times

METAIRIE, La. (AP) — Now that New Orleans general manager Mickey Loomis has returned to work, the Saints need his crisis-management skills to be sharp.

The organization continues to be rife with unsettled issues, some of which have made its fan base uneasy.

So there was no time for Loomis to ease back into a routine Tuesday after serving his eight-game suspension in connection with the NFL's bounty probe of the Saints.

His immediate tasks include clearing up the status of Sean Payton's contract extension through 2015, which NFL Commissioner Roger Goodell has so far refused to approve since the coach signed it in 2011.

Recent revelations that Payton is still not officially under contract beyond this season have only pushed anxiety-ridden Saints fans closer to panic. New Orleans has struggled while Payton has served his season-long bounty suspension, which, in the minds of many, has only strengthened the fiery and innovative coach's value.

Loomis also will have to oversee contingency plans in the event that defensive end Will Smith and linebacker Jonathan Vilma have to serve their own bounty suspensions, which so far have been delayed by legal moves.

The GM kept a low profile on his first day back.

The Saints did not make him available to reporters and he did not immediately respond to requests for comments about his return to his Saints duties.

Assistant head coach Joe Vitt said even he did not have much time to chat with Loomis when they met Tuesday morning, but Vitt stressed that people throughout the organization were comforted by knowledge that the GM was back for the last half of what has already been an extraordinarily eventful season.

"Listen, Mickey and Sean are the leaders of this building. It's not only great for Mickey to be back for our players and our coaching staff, but every person in our building," Vitt said. "Slowly but surely we're starting to get people back. Everybody knows here what Mickey means to me, but he also means just as much to everybody else in our building and our football team."

Vitt also sounded skeptical of the idea that Payton would leave.

"Our football team loves Sean Payton. Sean Payton loves this football team," Vitt said. "Sean Payton loves this city. And this city loves Sean Payton. That goes a long way. That's what I know."

At 3-5, the Saints are playoff longshots as they head into next Sunday's showdown in the Superdome with undefeated NFC South Division leaders Atlanta (8-0). Yet a sense of hope permeated team headquarters after a 28-13 victory over Philadelphia on Monday night that marked New Orleans' third victory in four games.

"I love this football team. I love the resolve. I love the togetherness. I love their work habits," Vitt said. "All that being said, we've got to get better this week."

If the Saints are to get better, such strides will have to be made in an environment of uncertainty.

Two people familiar with Payton's contract situation told The Associated Press that the Saints and Payton still see nothing wrong with a provision in the coach's extension that would allow Payton to opt out of his contract if Loomis — who hired Payton in 2006 — were to leave the club. The people, who spoke on condition of anonymity because the NFL and Saints have declined public comment on the matter, say the Saints and Payton believe the provision is similar to one that allowed Bill Parcells to leave his post as executive vice president with Miami if ownership changed.

Goodell has not publicly specified his problem with Payton's extension, which pays more than $6 million a year. The NFL has said the commissioner has not made a final determination about Payton's contract status for next season. Goodell has said, however, that he has discussed his concerns with the Saints and asked the club to rework part of the deal.

Although Payton is suspended, he and the Saints currently may address Goodell's concerns with the extension, providing some hope of resolving the matter before the coach effectively becomes a free agent.

Another major area of uncertainty involves ongoing challenges to players' bounty suspensions.

Although Goodell has recused himself as arbitrator for four current or former Saints players' appeals of their bounty suspensions, the players — Smith, Vilma, Cleveland linebacker Scott Fujita and free agent defensive lineman Anthony Hargrove — objected to Goodell's decision to appoint former commissioner Paul Tagliabue to handle the matter. The players say Tagliabue has a conflict because he works for the law firm that has represented the NFL in bounty-related matters. Tagliabue has given no indication he intends to step down, leaving the matter for a federal judge in New Orleans to decide.

In the meantime, Smith and Vilma keep playing, and Saints coaches make weekly game plans on the assumption they'll have the two defenders in the lineup.

"You have to have a little bit of foresight should something happen. We've kind of just been under that thing all year long," defensive coordinator Steve Spagnuolo said. "Once we know the week is set the way the week is, we just move on and worry about the opponent we're playing."

The Saints won't want to lose Smith and Vilma, given their leadership roles on a unit that needs help. The Saints are last in the NFL in yards allowed (471.3 per game) but did come through with clutch plays against the Eagles, including Patrick Robinson's interception return for a touchdown, a fumble recovery and seven sacks. Smith had two sacks and Vilma had two tackles for losses.

If the suspensions are upheld, Smith will have to serve four games and Vilma the rest of the season.

Saints linebacker Scott Shanle said he hopes that won't happen, but added that the Saints know worrying about it won't do any good.

"We're at the point now where it seems like every week there's something new to distract us, so people are like, 'The hell with it. We'll wait to figure it out when the time comes,'" Shanle said. "We're trying to fight our way back into something and with all the distractions we've had week in and week out, I think guys just kind of put blinders on."

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Suzuki, Small-Car Maker, Gives Up on U.S. Market

TOKYO — For all of Suzuki’s tough talk about its “brush-busting” Samurai off-roader, the Japanese automaker never made it big in the United States. Its cars were too small, its safety record iffy and its branding a bit too comical (Suzuki Sidekick, anyone?).

So it came as little surprise to most analysts when Suzuki announced late Monday that it would stop selling automobiles in the United States and put its American unit into Chapter 11 bankruptcy.

“The United States was ultimately a tough market to crack,” said Kentaro Arita, auto analyst and industry research division manager at Mizuho Corporate Bank. “Its exit was a matter of time.”

Still, despite Suzuki’s retreat in North America, the company has made spectacular inroads into emerging markets over the last decade. The low-cost, compact cars sold by Suzuki’s India unit have the top share in that fast-growing market, and the automaker also has a growing presence in Southeast Asia.

Back home in Japan, Suzuki is a leader in a category of small cars called kei vehicles that enjoy preferential tax treatment by meeting limits on length, width, engine size and horsepower. The kei category, created in Japan’s lean postwar years to help ordinary Japanese buy cars, has stayed popular as a cheap option fit for navigating the country’s claustrophobic roads.

One of the company’s kei cars, the long-selling Wagon R, is less than 14 feet long, about 5 feet wide and 6 feet high, and its engine size is limited to two-thirds of a liter, or motorcycle-caliber. Last month, almost as many units were sold in Japan as Toyota’s Prius hybrid.

Suzuki’s decision to pull out of the United States, whose market is dominated by larger models, was a sensible step to focus on its strengths, said Koji Endo, an auto industry analyst and managing director at Advanced Research, an equity research firm in Tokyo. The strong yen also made it difficult to profit by making cars in Japan and shipping them to the United States, he said.

“Basically, Suzuki does not need the United States, and the United States didn’t need Suzuki,” Mr. Endo said.

The American Suzuki Motor Corporation, the sole distributor of Suzuki vehicles in the United States, filed for Chapter 11 bankruptcy on Monday with $346 million in debt, the company said. In a statement, Suzuki said that various challenges led to its withdrawal from the American market, including low sales volume, the limited number of models in its lineup and unfavorable foreign exchange rates.

Suzuki also blamed “the high costs associated with growing and maintaining an automotive distribution system in the continental United States,” as well as “the disproportionately high” costs associated with meeting increasingly stringent state and federal regulatory requirements.

The company said it would sell its remaining inventory through its dealer network, honor existing warranties and continue to supply replacement parts for its vehicles. The company also intends to continue selling motorcycles, all-terrain vehicles and marine products in the United States.

Suzuki shares gained 0.65 percent to 1,847 yen (about $23.02) in Tokyo after the announcement, against a 0.36 percent decline in the benchmark Nikkei index.

While an exit makes sense for Suzuki’s bottom line, it does represent another disappointing failure by Japan’s second tier of automakers in their attempts to follow Toyota, Honda and Nissan into the American market.

A foray by Daihatsu, another Japanese manufacturer of compact cars, lasted only four years before it withdrew in 1992. (Subaru, manufactured by Fuji Heavy Industries, has fared better.)

Suzuki also had big hopes for its Japan-made Samurai 4-wheel-drive vehicle, introduced in the United States in 1985. A $30 million television advertising campaign urged American car owners to try the lightweight yet “rough, tough and brush-busting” off-roader.

The Samurai found a small but loyal following as a low-cost off-roader. But it also suffered early setbacks, including a drawn-out legal battle with Consumer Reports over whether the vehicles were prone to flipping over.

Suzuki later introduced several other models to the United States, including its Swift compact, and its executives spoke of selling 200,000 vehicles a year in the American market.

A partnership with General Motors proved beneficial for both sides, giving the American company access to expertise in smaller cars, while allowing Suzuki to tap G.M.’s dealership network to sell its cars.

But just as Suzuki’s sales were gaining traction in the United States, topping 100,000 in the mid-2000s for the first time, the global financial crisis hit, decimating Japanese exports.

General Motors, scrambling for cash, sold off its stake in Suzuki, and the Japanese manufacturer withdrew from a joint manufacturing venture in Canada.

Since then, Suzuki’s sales in the United States have dwindled. In the first 10 months of 2012, it sold just 21,000 vehicles. A budding partnership with Volkswagen also grew acrimonious, forcing Suzuki to regroup.

Experts said that Suzuki was likely to concentrate its managerial resources on strengthening its grip on markets like India, where it has been hit by worker strife in recent months.

This article has been revised to reflect the following correction:

Correction: November 6, 2012

An earlier version of this article misstated a description Suzuki used to promote its Samurai off-roader. It is “brush-busting,” not “bush-busting.”

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