Originally Posted by kennyc
Yes he says, " I like to believe that we would win at trial. .."
yet he settled...
That could be a perfectly reasonable decision, even if you thought you would win.
(In this case it isn't, but in general.)
If the potential losses are high enough, even a very small percentage chance of losing might be too high to risk.
In reality, it doesn't seem like settling loses them much, as they have realised that they can't survive as the only publisher selling books at a higher price than everybody else, so even if they won in court, what would it actually get them?
Agency pricing only worked when everybody did it, it makes no sense to do it all on your own. (That is why they conspired to do it together!)