The DOJ has been investigating the agency pricing agreement for some time. The reason why they haven't taken legal action, IMO? Because they realize that undoing agency would hand the ebook retail market to Amazon on a silver platter. They would be creating more work for themselves ( future action vs Amazon) if they just undid the agency model.
I'm thinking that they may end up leaving agency in place, but remove any terms favorable to Apple. Whatever the DOJ does , it's going to take Into the account the publisher's stated goal of preserving a diversity of ebook retailers.
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