One item that caught my eye:
Quote:
isn't the first time the Justice Department has taken action against Apple for allegedly colluding with other companies. In 2010, several technology companies agreed to settle Justice Department allegations that they colluded to hold down wages by improperly agreeing not to poach each other's employees.
The evidence that surfaced in that case, as well as an ongoing private class-action lawsuit that followed, showed Mr. Jobs as a prime mover behind that antipoaching agreement. Apple didn't admit to any wrongdoing.
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Also of interest:
Quote:
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A second publishing executive said that "a settlement is being considered for pragmatic reasons but by no means are we close." This person said that there are significant legal costs associated with the probe. "You have to consider a settlement, whether you think it's fair or not," the person said.
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No. Kidding!
A settlement keeps DOJ findings out of the public record where they could be fodder for the ongoing Class Action Suits.
As to what form a watered-down Agency Model might take, it might allow for loyalty program discounts and retailer discount coupons so the book price would stay fixed but vendors could run full-store discount sales. (20% off on any ebook over $9.99, for example)
One advantage for Publishers that settle before the formal lawsuit is filed is that they can shift the onus on their partners that *don't* settle or Apple. However, it also weakens their case before the EU. Heh-heh. I rather hope they don't so the facts become public.
Oh, and note that Random House is not one of the 5 being sued.
So, by waiting a few months to join the Scam, they got most of the benefits of price fixing but put enough daylight between them and the other conspirators to avoid the Antitrust batle. Their lawyers earned their keep there.