Judge Cote addressed this on pg. 40 of the document giving approval for the settlement:
...even if Amazon was engaged in predatory pricing, this is no excuse for unlawful price-fixing. Congress "has not permitted the age-old cry of ruinous competition and competitive evils to be a defense to price-fixing conspiracies." Socony-Vacuum Oil Co., 310 U.S. at 221. The familiar mantra regarding "two wrongs" would seem to offer guidance in these circumstances.