Originally Posted by HarryT
Nobody's ever said that "price fixing is illegal". It's forming a cartel to fix prices that's illegal.
That lawyer is arguing that it is legal for the publishers to collude and fix prices (per the Supreme Court ruling).
In an interesting tactical shift, Kohn appears to acknowledge that the publishers did in fact collude to fix prices but that the price-fixing was not illegal.
....because if the restraints is reasonably necessary to achieve the benefits, it's legal.