Originally Posted by Graham
From the Washington Post article linked in the OP:
This is the same misdirection that was being used for defense in the original filings. It is not the agency model that is illegal, so there's nothing wrong in Amazon considering using it. It's the collusion to bring about an agency model that is the subject of the antitrust suit.
There are evidently emails between Amazon and the publishers discussing pricing models just before Apple's efforts. Amazon redacted the emails and the judge won't permit them as evidence anyway since Amazon is not part of the lawsuit. Of course, the publishers have the emails and possibly gave them to Apple prior to settling. What Amazon wanted back then is irrelevant now.
In the end, Agency pricing is alive and well in the US. I'm beginning to think that regardless of the lawsuit's outcome Apple still wins.