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Originally Posted by brecklundin
Interesting explanation of the subtleties of these laws. I would ask how the Maryland consumer protection law wrt MAP agreements might apply here.
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Yes, that is interesting. For reference, the relevant provision is
Maryland Commercial Law S. 11-204(b).
States frequently take, or try to take, a more proactive stance regarding competition than the federal laws. Whether this is wise, or even constitutionally permissible, varies from case to case. Here, the change was a response to a particular U.S. Supreme Court decision about the federal antitrust laws.
The potential application of the Maryland law is too complex to make a snap judgment about. But I would flag as important the question of whether the law applies to an "agent." An agent is arguably different from a "retailer, wholesaler, or distributor." We normally think of an agent as an extension of the principal--in other words, there are not two separate entities that can agree with one another; there is just a single entity that can price as it pleases. Essentially, it is as if the publishers decided to sell the books themselves, and hired Amazon to coordinate the logistics.
Would/will that argument prevail? Hard to say.