Originally Posted by latepaul
The point about anti-trust/anti-monopoly laws is that things that are acceptable in a market where you're just another player may not be if you've got an overwhelming share of that market.
It's all about market power.
And as the Agency Conspiracy proved, Amazon doesn't have the market power to nay-say the publishers. The publishers wanted to stop Amazon discounting and Amazon had no way to force them. They still don't, once the settlement terms expire.
Amazon is no monopoly (43% global share, 50-60% US share, with Apple growing fast?) so the suit needs to prove bundling or other kinds of hanky-panky on *both* sides of the table *intended* to benefit Amazon. Just like the Agency Conspiracy intended to benefit Apple and harm Amazon and consumers.
I'm saying that is a tough hill to climb given the publicly available information.